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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Personal Injury Law
Satisfied Customers: 112762
Experience:  Licensed Attorney. Over 20 years experience in personal injury and law enforcement.
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Refusal to am mend medical record of emergency department

Customer Question

Refusal to am mend medical record of emergency department visit because patient alleged left against medical advice.
Submitted: 1 year ago.
Category: Personal Injury Law
Expert:  Asad Rahman replied 1 year ago.

I am happy to help you, but I am not quite understanding your legal question here.

Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Under HIPAA, a patient has a right to have their medical chart reflect only truthful information. If your record says you left AMA and you did not leave AMA, then the record could be amended and if the hospital refuses to do so, the only recourse available under HIPAA is you have to file a complaint to the US Department of Health and Human Services, since there is no private right to sue under HIPAA.

You would bear the burden of proving that the patient did not leave contrary to the doctor's wishes. I know you claim the staff was notified of the existing condition and agitation, but you have to still prove to the DHHS that the patient did not ignore medical advice when leaving and DHHS has the final say as to whether or not the chart should be amended under HIPAA.