I use to have that doctor, L, and now he's moved out of town, I go to the doctor, O, who is in there now. (I went to that doctor L, off and on in the 1980's and into the early 2000's) This weekend I heard that my doctor O, took all the old patient records from L, and just dumped them into the trash not bothering to shred them. The Newspaper found out about this and gave him a call, all he could say was "NO COMMENT" This Dr. O is NOW my doctor, what are my rights? What can I do?
2007-10-20 09:49:51 · 3 answers · asked by JBWPLGCSE 5 in Politics & Government ➔ Law & Ethics
There was a picture of all the records in boxes and bags that filled up the dumpster if the records have been picked up and put in the county landfill, i wonder if I still have a case, or of the dr, did something about it at the last minute. The paper never said anymore about those records and what has been done.
2007-10-20 09:52:04 · update #1
The doctor was in voilation of HIPAA if he through patient records in the trash. You can issue a complaint to HHS.
2007-10-22 03:32:05 · answer #1 · answered by Shred Guy 6 · 0⤊ 0⤋
They must keep records IN THE OFFICE for 3 years (adults) and 5 years (children). They must keep the files for 7 years thereafter.
I suggest you go speak to an attorney. Some investigation must be done. If he truly didn't take any precautionary measures to conceal identities, etc. he is in deep trouble. That violates several statutes, including HIPAA.
2007-10-20 10:23:37 · answer #2 · answered by cyanne2ak 7 · 0⤊ 0⤋
A case for.........? Just because he improperly dumped the records does not mean that anyone read them or that it has caused you any harm.
Most physicians who buy a practice keep the records of patients who have been seen in the past 7-10 years. If you were seen since 2000 I would assumed that your file still exists in that office.
2007-10-20 10:08:07 · answer #3 · answered by Susie D 6 · 0⤊ 2⤋