Can i sue a hospital for letting my medical records get stolen

Asked over 5 years ago - Los Angeles, CA

The hospital let my medical records get stolen

Attorney answers (3)

  1. Joseph Briscoe Dane

    Pro

    Contributor Level 20

    Answered . In any lawsuit, the first question is going to be: How were you damaged? What harm did you suffer from the theft of your medical records?

    The next question will be liability. Who is responsible? How did the hospital "let" your records get stolen? If they took reasonable safeguards to protect the records, a criminal act of theft is beyond their control and they are not responsible.

    You didn't supply a whole lot of information, but it sounds like you've got a very steep uphill battle to be in a good position to file a lawsuit.

  2. Okorie Okorocha

    Contributor Level 19

    1

    Lawyer agrees

    2

    Answered . I agree with Mr. Dane, you would need to show that you were harmed in some fashion or another.

    My standard disclaimer: I am not offering legal advice, assume I do
    not know the law in your state or at all for that matter and that I am
    just making suggestions for starting points for when you do speak with
    an attorney. Do NOT rely on anything I write and contact a lawyer in
    your area immediately after reading my posting.

  3. Robin Mashal

    Contributor Level 19

    Answered . Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

    In the past few years, certain laws and regulations were passed to protect privacy of health records. These include the federal Health Insurance Portability and Accountability Act ("HIPAA"), and the California Medical Information Act. The standards of care under these rules vary, some aimed at knowing disclosure of information and others at negligent disclosures. They provide for civil and criminal penalties. You should consult your own attorney to preserve your rights.

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