If my primary doctor’s office deals in paper records and lost my file which was full of my personal information, can I sue them?

This has left me susceptible to identity fraud and someone using my information to obtain credit cards or auto loans or anything else.

Asked on July 9, 2014 under Malpractice Law, Nevada

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You can only sue for *actual* injuries or losses, not potential ones. So, if your identify is in fact stolen and/or someone obtains a credit card, loan, etc. in your name, at that point, you could sue, if you believe (and believe you can show) that the identity theft, etc. occured due to the loss of your records. However, unless and until something happens and you incur some loss or cost, you cannot sue, since there has not yet been any injury for which the law provides compensation.


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