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Can I sue if my medical record contains diagnosis from my mental health record?

Cambridge, MA |

I understood the two records should be separate. I have been patronized by nursing staff as a result of this mixup. I believe that the hospital mishandled my medical information.

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Filed under: Lawsuits and disputes
Attorney answers 4

Posted

A lawsuit would be...................... fruitless.

Richard Todd Rosenstein

Richard Todd Rosenstein

Posted

It's true.

Posted

Generally speaking, the records of psychologists are confidential, unless there is an exception for sharing of information for treatment. You should file a complaint with the agency that is responsible for regulating mental health records in your state.

Posted

Yes, they did, but what are the damages if you sue. How did you find out and did you complain to anyone?

My name is Stephen R. Cohen and have practiced since 1974. I practice in Los Angeles and Orange County, CA. These answers do not create an attorney client relationship. My answers may offend I believe in telling the truth, I use common sense as well as the law. Other state's laws may differ.. There are a lot of really good attorneys on this site, I will do limited appearances which are preparation of court documents it is , less expensive. However generally I believe an attorney is better than none.

Asker

Posted

I have complained and they admitted it should not happen. There is no material damage other than the indescribable frustration I felt. I found out when I went to a physical; it was hand-written on one of the forms and then uploaded to a web portal with my health info.

Posted

Consider contacting the patient advocate of the hospital that you are being see and discussing your concern. Read the hospital's Notice of Privacy Practices. It contains information about how you can request a restriction on the use/disclosure of your PHI.

The information provided is for general purposes only and does not establish an attorney/client relationship.

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