Can I sue my hospital if they lose my medical records?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can I sue my hospital if they lose my medical records?
I was in the hospital and when I was discharged, a few days later, they called and asked me if I took my medical chart when I left. I told them that I didn’t have it. I called the hospital again yesterday and asked if they found it because it has some private information in it that I would like to keep that way. They claimed to have found it but there are many pages missing. I still don’t feel safe, what can I do?
Asked on May 23, 2011 under Malpractice Law, Virginia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
1) If you are injured because of a missing record--e.g. get improper medical care--you may have a malpractice suit.
2) If you have to spend extra money to redo tests, etc., you may be able to make a claim or sue for those costs.
3) If you actually suffer some economic injury, such as from identify theft, you may be able to sue the hospital for breach of its duty of care vis-a-vis your records and recover compensation commensurate with the loss or with the steps you have to take to protect your identity.
However, in the absence of some actual loss or injury, there is nothing to sue for. The law does not give you recovery for merely speculative or possible harm.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.