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Can I sue the VA for medical records malpractice?

1 Answers. Asked on May 13th, 2013 on Medical Malpractice - Arkansas
More details to this question:
My husband was a 100 percent total sevice connected disabled veteran aslsince 1977. He recently passed last summer from stage 4 lung cancer. The VA tried to say that his death wasnt service connected but we disagree. The lady at regional office told me that I needed to request all my husbands medical records and to get an attorney. I Went to my post office box this morning and thought I had recieved my husbands medical records. His name and social was on the first Page but another veteran's name and complete medical file was on every page there after. Im talking a book worth of pages and medical history. This is definitely a badmistake on the part of the VA. Where is my husbands records? Do I have a case?
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Answered on May 14th, 2013 at 9:34 AM

I am sorry to hear about your husband's passing and this medical records mishap.  While I don't believe it is grounds for a lawsuit, I do believe you have grounds to file a HIPPA Complaint.   For more information, go to this website:   http://www.hhs.gov/ocr/privacy/hipaa/complaints/  I recommend filing the complaint first and then informing the VA Hospital of their mistake and work with them on getting your husband's medical records.  I hope this information helps.  Best of luck!

NOTE: This response is general in nature and should not be considered legal advice.  No attorney-client relationship exists or is formed by this response. 

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Medical Malpractice
Have you been injured as a result of a doctor, nurse or other healthcare provider's mistake, misdiagnosis or professional negligence? If so, you may be entitled to compensation for your injuries under your state's medical malpractice and personal injury laws. Medical malpractice claims can arise from a doctor's failure to diagnose a health condition, misdiagnosis, medication error, negligent behavior or mistake during childbirth that causes birth defects. Medical malpractice attorneys can review your medical records and help determine whether your have grounds for a lawsuit. If appropriate, your lawyers can file a lawsuit, attempt to negotiate a settlement on your behalf and represent you during trial, if a settlement can't be reached.
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