Ohio HIPAA Violation

[Reyrey]

Jurisdiction

Ohio

Hi, Last month I requested my medical records from my dentist. Few weeks later it came in the mail but it was not my records it was for another patient. I reported that back to the provider and my concern of where my records might be. The provider said there is no chance anyone else could have my records and then in a follow up email switched up saying she personally handled preparing my records and that there was another patient with a similar last name. I asked what I was to do with the records I have and was told to rip/burn them. I don't feel comfortable doing that and requested a envelope with postage to return them in addition to my records. That was almost 2 weeks ago they said the records went out and still nothing. I have sent an email to see what the delay is (hoping it wasn't sent to wrong address or person again) and no response.

I am wondering if I would have cause for suit against the provider - for medical malpractice. I am concerned if my records did wind up in someone elses hands. I am concerned with my sensitive personal information that could have been compromised, especially when there was parts of mental health documented in these records. It does cause damages as I am waiting for these records to appeal my insurance for work I need done. By damages I mean I have severe bone loss in my jaw and each day that goes by the more bone loss that is irreversible making what I need done that much more harder and complicated.

What do I do? tried legal aide they couldn't help outside their scope of what they deal with. Bar association could help but very costly esp on a fixed income. I could file a complaint with HHS? Just really frustrated by this all

 

[cbg]

You can file a complaint with HHS, but in the absence of some kind of evidence that your records have been compromised I don't see it going somewhere. You do not have anything even resembling a malpractice suit.

 

[adjusterjack]

Just really frustrated by this all

You haven't won the lawsuit lottery and you don't get to crucify somebody for a mistake.

Bring the wrong records back to your provider's office and pick up the correct ones.

Problem solved.

 

[zddoodah]

I am wondering if I would have cause for suit against the provider - for medical malpractice.

You're kidding, right? Medical malpractice?

You have described two things. First, the provider sent you someone else's medical records. That may violate HIPAA, but it doesn't violate your HIPAA rights, so it's not something you have standing to address. Also, there's no private right of action under HIPAA, so all you could do is report it to the Department of HHS. Second, the provider failed to send you your records. It's not clear if you've paid for the copies of your records, but, in any event, failing to provide you with copies of your records is not medical malpractice.

I have severe bone loss in my jaw and each day that goes by the more bone loss that is irreversible making what I need done that much more harder and complicated.

Getting copies of your records isn't going to stop bone loss. Stopping bone loss requires medical treatment. If you have a new doctor who wants your records from a prior doctor, the new doctor can make arrangements to get them.

Bring the wrong records back to your provider's office and pick up the correct ones.

Problem solved.

Agree.