Legal Question in Health Care Law in Florida

atty.search/ftca 95 filed vs VA,bay pines

22 counts;mis dx.,failure,battery,no informed consent,etc;..one question about lost med/psycotherapy records[100pgs.],filed breach of duty,failure to safeguard,etc; under the ''fed. privacy act 1974'' though there are no physical injuries,[impact rule?] there is emotional distress from the event which was forseeable such as embarassment,identity theft,harm,etc;. due to their failure to safeguard..the records i requested be sent to a vet. rep.[150yds] never arrived and no one seems to know/care.Privacy Officer said go too Release of Info office and have them reprinted, like they are business cards..i filed a complaint with u.s. health and human services[civil rights division]..these records were to assist me in my claim for disability and they may make a decision without these records that is not favorable.they were lost Oct.17th,07.i have a certified statement stating they were sent[hand/carried]..any guidance please?


Asked on 11/10/07, 10:43 am

1 Answer from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: atty.search/ftca 95 filed vs VA,bay pines

It is hard to see how you would have a claim for emotional distress for losing records. The law does nopt allow such a claim in Florida. If you have a claim at all, it would depend on how old the records were, what they should have contained, whether the information is available in any form from other sources, and the ultimate effect the lost records have on anything. It is hard to imagine how the records would affect a disability determination because that is typically a focus on your current condition -- not on what treatment you received years ago.

Read more
Answered on 11/17/07, 9:12 am


Related Questions & Answers

More Health Care Law questions and answers in Florida