Legal Question in Health Care Law in California

I am a dialysis patient and on my last treatment my doctor saw me at the center and left my medical file on another patients chair. I thought he had taken it back to the nurses station and then I noticed the patients husband looking through a file, the husband then turned to me and said "are you ????" cause I think this is your file. I called the Social Worker who was at the nurses station and she got my file. Do I have any recourse?


Asked on 5/06/11, 6:00 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

Yes, you could sue the Dr. for negligence [not malpractice] in revealing your private information, but what were your damages? The man who looked at your file does not know you or anyone you associate with. You do not have a loathsome disease that if people found out about it they would shun you. Yes, you were a little embarrassed, but that is life. You can tell the Dr. to be more careful and ask the clinic management to try to get people there to be more careful.

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Answered on 5/08/11, 9:56 pm


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