My previous doctor's office sent my medical information to an incorrect fax number. It contains sensitive information. Is this negligence? Can I sue?

Question Details: I needed to submit immunization records from my previous doctor's office to my school. I asked the receptionist to fax the records to them, which she agreed to do. She sent them to the wrong fax number, and I got a call telling me this. The number they sent it to was not operational, but it could have been, and it was sensitive information. The office manager later told me they aren't even supposed to fax things, and said all she could do was apologize. I asked her what she would have done had it been an operational number, and she said was, "I don't know, but we have procedures." Can I sue?

Asked 11/9/2009 under Personal Injury | 294 View(s) | More Legal Topics

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Personal Injury Law Answers

No, you can't sue. Negligence is unreasonable carelessness; a misdialing is a simple accident. It would very likely not rise to the level of negligence. Also, whether or not it's this office's policy to fax materials, it is commonly accepted practice for medical offices, etc. to use the fax--so there's nothing inherently negligent in their faxing in the first place.

Furthermore, since it was a nonoperational number, you did not suffer any harm. Lawsuits are intended to compensate people for injury or loss. No loss or injury, nothing to compensate.

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