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My medical records were mistakenly faxed to my place of employment by my former physician's office. Can I sue them and succeed?

Towanda, PA |

Not only were my medical records faxed to my place of work and seen by my boss, there were several things in there that were completely untrue. I told this doctor in July I was never coming back because of his rudeness and unprofessionalism, and today I find there are things in my notes that are not true, and medications he said I took and never have in my life. And then they faxed the records and notes to my job, where my boss was the one who received them. What can I do?

Attorney Answers 1

  1. Unfortunately the applicable law, HIPAA, does not offer a private cause of action against a health care provider. You could bring a claim for a privacy violation under state law depending on the particulars of the transaction.


    Roger Traversa