What should or can i do if a hospital lists incorrect medical information? Medical Record list diagnosis of HIV and was sent to
Atlanta, GA
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Posted 5 months ago in Medical Malpractice
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What should or can i do if a hospital lists incorrect medical information? Medical Record list diagnosis of HIV and was sent to several facilities. I had been tested in the past but never at this hospital and have always shown a negative result. I have after viewing this diagnosis been tested and confirmed this to be false information
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Do I have any legal recourse? Answers (1)Lars A. Lundeen
This attorney is licensed in Florida and 1 other state.
Posted 5 months ago.
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As I am licensed in Florida and Vermont,I cannot offer you specific legal advice as to Georgia state law. However, generally, under the Health Insurance Portability and Accountability Act (HIPAA), a federal statute, you have the right to correct an error in your medical records.
I would suggest that you contact in writing the hospital and other medical facilities who received copies of the wrong information and demand to have a correction made. You probably should enclose in your letter identifying information proving who you are, along with copies of the prior and post-testing records which prove that you do not have HIV. You also should ask for written confirmation that the changes have been made. Unfortunately, the HIPAA statute does not provide for a private cause of action for its violation.If the corrections are not made, you will need to file a complaint with the Health and Human Services division of the Federal Government. Complaint forms can be found on line. |