My mother just got out of a mental hospital and they sent her home with a huge stack of papers regarding her stay but they are someone else's files!!!!! Is this a legal issue I can sue for???
2007-05-14 12:50:11 · 8 answers · asked by Fat Boy 5 in Politics & Government ➔ Law & Ethics
Prove it caused harm and maybe. Contact several lawyers and if they smell money, they'll be willing to help you out.
2007-05-14 12:57:28 · answer #1 · answered by rann_georgia 7 · 0⤊ 0⤋
It's a legal issue the person to whom the records really belong could sue for breach of confidentiality under HIPAA. You have not been damaged by the hospital's breach - the other patient has. I would simply return the erroneous records (as is your duty) and stay out of it. Good luck -
2007-05-14 20:02:12 · answer #2 · answered by Anonymous · 0⤊ 0⤋
you could only bring a claim in regards of the mistake actually causing harm to your mother. I think this is not really the case here although a good team of lawyers could really advice you on this ( seek a medical law expert).
As for the other patient's privacy abuse he would have to bring an action against the mental hospital himself, you cannot in any case do this on his behalf or use his righfull claim as yours.
2007-05-14 20:03:38 · answer #3 · answered by chrys 2 · 0⤊ 0⤋
Depends where you are located at (state), but remember you could also be in violation of the secrecy act (correspondance) of others. The hospital has enough argumentation to admit to a "mistake" whereas you would have to prove that "you did not open the files of the other person".
2007-05-14 19:54:19 · answer #4 · answered by Marinho 3 · 0⤊ 0⤋
No, you can't. You don't have the requisite standing to bring suit.But the person whose file was incorrectly released probably can.
The reason is that you haven't suffered any cognizable injury: it isn't your privacy that's been violated, and the courts will generally not allow you to bring suit on behalf of someone else's rights.
2007-05-14 19:57:02 · answer #5 · answered by Ryan D 4 · 0⤊ 0⤋
This would probably be a question for a lawyer, but I think that the person whose files you did receive would actually be able to sue because their privacy has been violated..not you.
2007-05-14 19:54:31 · answer #6 · answered by lc 5 · 0⤊ 1⤋
You MUST have prove of loses due to that profesional negligence.... inter lian ...you may claim for mental anguish,,, lost of time ... stress or depression caused by such fault
2007-05-15 01:09:08 · answer #7 · answered by Anonymous · 0⤊ 0⤋
why not just get over it? it doesn't sound as if your mother suffered anything other than a little inconvenience.
2007-05-14 20:25:29 · answer #8 · answered by njyogibear 7 · 0⤊ 1⤋