Can an outside risk management team and defense attorney of hospital get my medical records without my HIPAA authorization?
January 22, 2015
I was a patient at a local hospital. I sued them for medical Negligence. I am advised that (2) days after they were served with the summons and complaint, their outside risk management team requested copies of my medical records from the hospital without my HIPAA-compliant authorization for release of my confidential medical information, and it was given to them. Several weeks before they served an answer by their defense attorneys a copy of my medical records were then forwarded to the defense attorneys. A copy, with other papers was given to me by their attorney showing the date it was printed from the hospital records room. I found that the medical records had been altered and showing evidence of tampering, unauthorized changes, missing information, as well as inaccurate information.
Mr. Harrell answered your questions excellently. I would just add that ultimately, if there were material changes to your chart - and you can prove this - it does not bode well for the defendants.
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