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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118649
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Good Morning, So I was recently in the emergency room at a

Customer Question

Good Morning,
So I was recently in the emergency room at a hospital out of town, I passed out and I have a past with arrhythmia and tachycardia. Emergency room doctor put some information that was false in my records. First I had signed the normal hippa info, then I found out that this false info was on my medical records so I signed to have my records released to myself. I called after getting my records and requested that my records be held and not released to any other hospital until I could get my records corrected. In the week to follow I had a cardiac appointment with a specialist in my home town. At the appointment I found out that my home hospital had asked for my records and received them from the hospital in which the emergency took place. Now my false records are in the hospital EPIC system at both hospitals. I am fighting to get my records corrected and now I am also dealing with running down the paper trail. Is this a violation of HIPPA? And if so, what does/can this mean for me?
Submitted: 4 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 4 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

It is a violation of HIPAA to submit false medical records and refuse to correct them. Under the law, HIPAA, there is no private cause of action for an individual though. The only recourse you have under HIPAA is to file a complaint with the US Department of Health and Hospitals as they are the sole agency with the power to investigate and punish under HIPAA. Thus, you must file your complaint with the DHH and you need to explain how the records are incorrect and provide them proof that you tried to get the doctor to correct the information and he failed to do so and this caused your inaccurate records to be transferred to your home doctor.

If you have suffered injury from this report and it has effected your treatment, then your cause of action legally would be to sue the doctor in the ER for malpractice and also for libel for writing known false information into your records and for refusing to correct them and then you can seek compensation for the harm his false information has caused you.

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