Legal Question in Medical Malpractice in New York

I've had an ongoing, abnormal medical condition since 2008. I had been visiting the doctor's office more than normal and had taking multiple tests, xrays, mris etc. I had transferred to a different doctor's office in 2012 because I had moved to a different area.I made a request for the old office to transfer my medical records. My medical condition is still baffling and I am still undergoing treatment for this issue with my new doctor's office. Today I called in to my current doctor's office to get information on a file from 2010, which should have been sent over from the previous doctor's office. She explained that they had only sent over records from 2009 and 2011 and advise me to call the previous doctor's office. After speaking with the previous office, I found they indeed only had my medical records from 2009 and 2011. Can I sue this office for losing my information. The complete file wasn't missing, just certain sections which were may be the most sensitive information. Can you advise me on what I should do?


Asked on 12/17/13, 6:40 pm

1 Answer from Attorneys
Kevin Connolly Kevin J. Connolly

You need to really consult a lawyer. You mat have claims under HIPAA, particularly Title II which emphasizes the portability rights of the patient. By not turning over a complete record, the doctor may well have violated the act. A complete hx, to include Dx, Tx and Rx needs to be taken and a plan formulated. Not an easy case or cookie cutter malpractice. You need someone who knows HIPAA cold.

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Answered on 12/18/13, 5:57 pm


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