Q: What recourse do I have for an ER visit that included HIPAA violations false documentation, and inadequate care?
I am seeking legal advice regarding multiple issues during a recent ER visit in CA, including HIPAA violations, false documentation, and inadequate care. Sensitive medical information was disclosed in a public setting, and I was not given guidance on what to expect during a miscarriage, resulting in a traumatic and unprepared experience. My records contain false information, including claims that I denied shortness of breath (I actually stated I had this) and requested discharge, neither of which occurred. My results showed I had a cyst on my cervix as well as two other abnormalities in bloodwork that no one disclosed to me, so I do not know if I need any additional intervention. Additionally, I was handed another patient’s paperwork, and my own records could not ever be found, leading me to believe they may have been given to someone else. I would like to understand my legal options for these violations and lapses in care.
A: In California, you may address these issues through several legal avenues. For HIPAA violations, you can file a complaint with the HHS Office for Civil Rights. False documentation and inadequate care may support a medical malpractice claim if they caused harm, requiring proof of negligence. Receiving another patient’s documents and potential misplacement of your records may also violate California’s Confidentiality of Medical Information Act (CMIA). Consult a healthcare attorney to review your records, correct inaccuracies, and explore potential claims.
A: I'm sorry you're experiencing this situation. It's important to consult with a qualified attorney who can provide you with the appropriate legal guidance based on your circumstances.
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