Medical Records as Medical Malpractice

Strict guidelines have been put in place for healthcare professionals when handling medical records. These guidelines ensure safety of medical records and privacy. A breach in the duty of care can lead to serious injury or a break of patient confidentiality, which can then lead to a medical malpractice lawsuit.

Campus Medical Records and College Students' Privacy

When a college student has a medical issue, he or she is often awarded a measure of privacy. However, medical records are usually open and available for the college or university to analyze and assess even if permission has not been granted by the patient.
Read more
Can a Doctor Give Someone Else My Medical Records Without My Permission?

Individuals are provided with a number of privacy rights, especially concerning their healthcare records. These rights are pursuant to the Health Insurance Portability and Accountability Act (HIPAA) as well as state laws. However, there are a number of situations in which medical records may legally be shared with others.
Read more
Electronic Records and Patient Safety

Guidelines have been put in place for healthcare professionals and staff in medical facilities that require that standards are followed closely. These guidelines are to provide proper treatment and avoid medical malpractice as much as possible. One standard is to provide safety of medical records and privacy. A physician may be held liable for breaching a patient’s confidentiality.
Read more
Errors in Medical Records – How They Can Lead to Medical Malpractice Claims

Even the most insignificant error in a medical record could lead to severe injury or death depending on what the record is for and how it will have use later. Generally, a medical malpractice claim occurs because of a breach in the duty of care to the patient or some form of negligence, and errors in medical records can lead to both as well as serious injury.
Read more
Am I Entitled to My Medical Records?

Generally, patients are entitled to a copy of their medical records as provided under state and federal law. However, they must usually follow a specific procedure, and there may be exceptions to access.
Read more
Doctor Patient Privilege When the Patient Is a Litigant or a Criminal Defendant

There are many aspects of a medical file that a doctor can disclose in certain situations without breaching the doctor/patient confidentiality privilege. However, these disclosures generally require extraordinary circumstances such as a court order or a lawyer requesting certain details that the individual gives permission for in the case.
Read more
HIPAA Violations by Physician's Office - Do Patients Have Legal Options?

Confidential information has protection through the Health Insurance Portability and Accountability Act which can incur severe penalties when someone violates this Act. Improper disclosures still occur even with this in place, and the person suffering from the offense can also face snooping and other issues because his or her patient file was available.
Read more
Consent Forms vs. Informed Consent

Consent forms are important in many treatment options to ensure that the patient signs the detailed documents, but this may not provide the necessary information about a procedure and this lack of informed consent can lead to a valid claim. The patient may not know that a rare complication can lead to severe injury or death and may decide against the treatment if he or she did know.
Read more
Medical Malpractice and Lack of Informed Consent

Every day across America, millions of medical procedures take place without incidence. In fact, for the most part, the United States is one of the safest places in the world to have a medical procedure done. However, once in a while, something goes wrong.
Read more
Does an Advance Medical Directive Have to be Followed?

An advance medical directive allows a person to write out specific healthcare decisions that they want to make based upon certain conditions, such as being diagnosed with a terminal illness. In the event that the patient is not able to communicate his or her wishes, the directive serves as a guide to medical professionals about the types of medical treatments that the patient would or would not want to receive if he or she were able to communicate this information.
Read more