We talked to the hospital and all they said was sorry and we should call all the pharmacys and tell them to ask for a picture id before anyone receive anything in our name. Is there any legal action that we can take now that some one else has our medical records. Some of the records has social security #'s on them and what medications we get. Thanks
2007-01-04 10:25:42 · 7 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
call the hospital that sent your records to the wrong place and ask to talk to the privacy officer. Tell them what happened and ask them what they intend to do about it so that your rights aren't violated any further. They will take this very seriously.
2007-01-04 10:45:02 · answer #1 · answered by Tina 3 · 0⤊ 0⤋
the same happened to me in London - someone with the same name as me received my medical records.
Sadly human error happens. We all make mistakes.
In my case I accepted a written apology from the hospital along with a letter explaining what safeguards they have put in place to try and prevent such a thing happening again.
I think it is really sad that the first thing you Americans think of is legal action. The error was not made deliberatley.
2007-01-04 10:36:01 · answer #2 · answered by Ak23566 3 · 0⤊ 0⤋
You can contact the credit services (Equifax, Trans Union, etc) and report that your personal information has been made public. You can request that any inquiries into your record be reported to you and that no new accounts be approved for a period of time.
Does the hospital know where they sent your records? Have you tried to contact the recipient?
2007-01-04 10:31:22 · answer #3 · answered by fdm215 7 · 1⤊ 0⤋
This is a serious violation of a fed'l law known by the acronym of HIPA. You might be able to sue the hospital and win. Some mistakes--even innocents ones--have terrible ramifications and you might be able to recover damages for their error, which, at best, is at least negligence.
2007-01-04 10:29:42 · answer #4 · answered by David M 7 · 1⤊ 0⤋
Someone has to open it. So I believe you cannot put all the liability on the hospital because someone has to break the law and open the letter for there to be an issue. What are your damages?
2007-01-04 10:29:39 · answer #5 · answered by Ya H 1 · 0⤊ 0⤋
Yes, you can take legal action. There are huge fines now for companies that give out information that leads to identity theft. Check out the new FACTA laws, Gramm-leach-bliley laws. You should contact an attorney for your complete rights--especially one that specializes in Identity theft. Please check out the website: http://www.benderent.biz and the family/individual plans tab. Please feel free to call the number on the website if you want any additional info.
2007-01-04 10:30:55 · answer #6 · answered by donnabellekc 5 · 0⤊ 0⤋
yeah...medical records are confidential and are covered by the law through HIPAA...if they are givin out to anyone without your permission you have the right to file against them
2007-01-04 10:34:01 · answer #7 · answered by kimberbee 5 · 1⤊ 0⤋