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Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 1886
Experience:  I am a licensed attorney ready to answer your questions in a variety of areas.
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Due to negligence, Sharp hospital in San Diego has lost all

Customer Question

Due to negligence, Sharp hospital in San Diego has lost all my medical and personal information. They were stolen. What legal recourse do I have?
JA: Can you tell me what state this is in? And do you have copies of the medical records?
Customer: California. No, I do not have copies...
JA: Has anything been filed or reported?
Customer: I've been trying to locate an attorney, but not having much luck... a computer was stolen within the hospital
JA: Anything else you want the lawyer to know before I connect you?
Customer: I received a registered letter from Sharp Hospital letting me know that this happened
Submitted: 1 month ago.
Category: Legal
Expert:  Legal Eagle replied 1 month ago.

Hello! My name is ***** ***** I am a California attorney with Just Answer. I'll be here to help today! Do you mind if I take a moment to review your question?

By the way, the system will automatically ask for a phone call. By no means are you required to accept it.

Expert:  Legal Eagle replied 1 month ago.

You could submit a complaint to the California Department of Health. One of the things that the state can do is fine or sanction the hospital. These penalties might be levied because the hospital has the obligation of keeping and maintaining your medical records. The hospital cannot discard or lose your medical records intentionally or inadvertently.

If you find out that your medical records have fallen into the hands of another person, this is a violation of the HIPPA laws which prevent "covered entities" like hospitals from disclosing your medical record information to unauthorized parties without your permission. There are some other causes of actions you could have as well.

  • If you are injured because of a missing record--e.g. get improper medical care--you may have a malpractice suit;
  • If you have to spend extra money to redo tests, etc., you may be able to make a claim or sue for those costs.
  • If you actually suffer some economic injury, such as from identify theft, you may be able to sue the hospital for breach of its duty of care vis-a-vis your records and recover compensation commensurate with the loss or with the steps you have to take to protect your identity.

Expert:  Legal Eagle replied 1 month ago.

Follow up questions are free so did you have any additional questions? If not, were you satisfied with my service today?