jump to navigation

Time part two September 26, 2008

Posted by Attorney Jonathan Groth in FAQ Personal Injury.
Tags: , , ,
trackback

I previously wrote a post ending with a question for the blogosphere.  The general question concerned the remedies involved when a hospital destroys medical records before the mandated 5 year holding period.  Well, Michael Brown of Peterson, Berk and Cross emailed me with an answer:

A provider’s destruction of medical records would also violate HIPAA federal privacy law. Your client could file a HIPAA complaint to Dept of Health and Human services, but the best that will yield is a slap on the wrist to the provider, with no civil claim or damages.

If the records were destroyed at a time the provider should have reasonably contemplated litigation would occur (e.g. if a hospital destroys records of a patient who suffered injuries during a medical procedure and is likely to file a malpractice claim), there may be spoilage law that applies. In the federal context, you can check out the landmark Zubulake cases, which set forth serious standards and penalties for document retention. Keyciting the Zubulake cases may lead you to influential State law cases concerning spoilage.

Thanks for the answer Mike.  I think there should be more someone could do when their medical records are lost or destroyed.  Any legislators out there that can help us out?

www.jonpgroth.com

 

 

 

Advertisements

Comments»

No comments yet — be the first.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: