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

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?

Towanda, PA -

Attorney Answers (1)

Roger Traversa

Roger Traversa

Bankruptcy Attorney - Philadelphia, PA
Answered

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.

Regards,

Roger Traversa

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