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I have a question about missing medical records that were…

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I have a question about missing medical records that were stolen. What is the medical practices liability

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Colorado

Lawyer's Assistant: Has anything been filed or reported?

Not yet

Submitted: 9 months ago.Category: Legal
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Answered in 2 minutes by:
11/19/2017
Lawyer: Dwayne B., Attorney replied 9 months ago
Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 34,389
Experience: Began practicing law in 1992
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Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

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Lawyer: Dwayne B., Attorney replied 9 months ago

Please allow me several minutes to read your facts and type my response both initially and when you add a follow up question or add facts. Please don't ask "are you there", "where is my answer", etc., since when you post it can erase what I am working on. If we are having a conversation unless I tell you I am going offline, I will be here but I may be doing research.

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Lawyer: Dwayne B., Attorney replied 9 months ago

I'm not sure what you mean. Could you rephrase? Perhaps add a few more sentences to explain the facts?

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Customer reply replied 9 months ago
I often chart at home. I had patient charts stolen from my vehicle. Is this considered a HIPPA
violation. How do I protect myself?
Lawyer: Dwayne B., Attorney replied 9 months ago

The fact that you had the charts in your car and in an unprotected environment is probably a HIPAA violation since HIPAA sets up specific ways to protect the records.

There is no real way to protect yourself since it will be an ethical violation as opposed to a civil lawsuit. You can argue that it is common practice to work on files outside the office, explain how the car was locked and whatever type of security on it, explain how if someone wants to break into an office they can do that as well, etc.

Your best bet at this time is to go ahead and hire a lawyer and then make a decision as to whether you should "self report" or not. Failing to self report can be a violation as well.

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Lawyer: Dwayne B., Attorney replied 9 months ago

Your lawyer can also plan on how to handle the actual ethical violation case when deciding whether to self report.

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Lawyer: Dwayne B., Attorney replied 9 months ago

HIPAA doesn't allow for you to be sued by patients, although many people incorrectly think it does. That means the ethical issue is the only real one to address.

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