Elmira, NY asked in Civil Litigation and Health Care Law for New York

Q: Can I forward a email reply I received from an outpatient coordinator in Al to a judge in Al ?

1 Lawyer Answer
Aubrey Claudius Galloway
Aubrey Claudius Galloway
Answered
  • Health Care Law Lawyer
  • Scarsdale, NY
  • Licensed in New York

A: There are too few facts to this question to generate a complete answer. The answer, preliminarily, is ABSOLUTELY NOT UNLESS THEY ARE YOUR OWN MEDICAL RECORDS OR, IF YOU REPRESENT THE PATIENT, THE PATIENT HAS PROVIDED PROPER HYPAA authorizations to all necessary parties (the provider, you and the judge).

EVEN IF, as a CUSTOM AND PRACTICE I ALWAYS ENCRYPT MEDICAL RECORDS WHEN EMAILING THEM. It is a simple thing to do and greatly prevents the likelihood of a major HYPAA violation. Simple affix the records to the email and say something to the recipient like "the password is the patient's first name".

That way you are protected one way or the other.

As a final side note, anyone dealing with these cases should understand that as hospitals and doctors offices transition from paper records to electronic medical records, you must double check to ensure the full chart is there and have the same certified by the provider.

Medical Malpractice Management LLC

Aubrey C. Galloway III, Esq.

2 Overhill Road, Suite 400

Scarsdale NY, 10583

P: 914-912-1555

F: 914-740-8130

MedMalManagement.com

AG3LAW.com

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