Hospital lost some of my records?

Question

Can I sue them for that? They said they moved from building to building and they lost some of the records in the archive and that the doctor wrote some of my records with a pen and the pen “fades” overtime that it’s unreadable. Do you think that the doctor is also at fault? What should I do? I’m so pissed. I honestly think the “pen faded” excuse sounds sus. I still have copy books from 10+ years that are perfectly readable

Answer

What would you even be suing for I guess. Just having records lost is not enough to sue for. You said in 1 comment it was medical malpractice but then also said it is just because you have rights to have your records so was there actually malpractice?? I was a medical office manager for years and was the one responsible for all of of record keeping and charts. Generally, a medical provider or hospital merely losing your documents does not give you grounds for filing a lawsuit. However, if a doctor or facility lost your records, imagining, test results, or treatment plans and you syluffer3d harm as a result you can potentially sue and recover compensation for the damage done. But it would literally be for thr damage that happened directly as a result of the missing records. Example is you had an allergy to a medication in a chart that you didn't know about and the chart was lost and you were given that medication and had a bad reaction and was hospitalized you could sue and recover the cost of the treatment for the mistake since a chart could have prevented it. It sounds like there is a lot going on in your story but honestly doesn't sounds like your records being lost is gonna be any grounds to sue. You said the dentist dug her fingernails in your face which would be an assault charge and not charted anyways so that is a different thing. Patients do have a right to medical records but mistakes happen and as ling as they were not mishandled to an unsecured place or given out...things that could be proven hipaa violations...suing is a stretch. Healthcare providers are allowed to make mistakes also and things like fires, floods, human error happen and if there was no provable malcontent there is really nothing to sue over.

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Sue them? Jesus Christ 🙄

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If it's just simply they lost the records, there's nothing you can do. Now if you think there's been medical malpractice and those records would have proved that, then that's different. Are they still actively looking for the records or did they just chalk it up to being lost?

Answer

Suing for losing your documents? No. For assault if you have pictures of marks or bruises then yes you could go to the police but it would be hard to prove. I'd file a complaint and find somewhere else

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How old are these records? And how long does your state require records to be stored? Most likely you have no grounds to sue. Accidents happen and pen fades 🤷🏼‍♀️

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Why are people do quick to sue ?

Answer

My family did sue the hospital for malpractice that ended in my grandmothers death. Her death certificate stated it even as the reason for death. She passed in 2013 and the lawsuit was filed the same year. The process was ridiculous. You’d hear nothing for 6 months to a year, then be contacted to answer questions about details no one would be able to remember, we’d take off work for the hearing, it would get canceled the day of, rescheduled a month or two later…it was finally settled in 2021. It’s honestly more work than it’s worth. If they did this because you reported her (I didn’t see your original story but read the comments), you’d have to be able to prove they were covering up significant damage she did to you so you’d have to prove they intentionally lost the files. They break it down by damages. How much malpractice would they show and how much did that malpractice cost you? Besides pain and suffering, did you lose quality of life, wages, etc? I would just cut them both out of your life and try to move on. If you’re really set on suing, prepare for a long process and try to find a lawyer.

Answer

And what exactly do you think you’d gain from suing?  What exactly would you sue for?  This is absolutely frivolous and makes you look bad lol

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It completely depends. I work in healthcare compliance and work with medical records. 
Couple questions:
1. How long have you been a patient there?
2. When was the last time you were seen?
3. Do you have any serious medical conditions or malpractice issues?

Answer

This 💯 can happen. My first job out of college was to scan medical records into the computer. Like old school hand written files. It is very easy to misplace records from years ago. 
How old are the records you’re looking for? 
7 years has to be maintained in my state. I’m sorry they misplaced what you’re looking for. In the last decade technology has come so far to help this not happen with electronic files for all to see and access.

Hospital lost some of my records?

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