Do I have a right to sue the hospital regarding a mix-up in my medical records?

UPDATED: Oct 1, 2022

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Do I have a right to sue the hospital regarding a mix-up in my medical records?

I was seen in the ER at a hospital but they needed to transfer me to a larger hospital. Once there, they did not have a file for me with my married name (I was married 4 years ago), so I gave them my last name from before and they signed me in. Treatment was minimal, they refused meds that I needed, then told my husband when he arrived later that my file was flagged for narcotics abuse and violence toward staff, not things that I would do or have done. Looking through my discharge paperwork once I was at home, they have been combining my records and another woman of the same first and last name DOB for over 5 years. How do I find out how far this goes back? How many times have I been billed for her or she for me? I was denied medications because of her addictions and erratic behaviors. What am I entitled to? It caused stress and pain for me, I am pregnant and was there because of pregnancy related issues. My husband and I had fights and problems because of what this doctor told him that I had supposedly been doing when it was not me. How can they be held accountable?

Asked on July 9, 2019 under Malpractice Law, Indiana


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

In caes involving negligence (carelessness; as opposed to a deliberate wrongful act, like defamation or assault or stalking/harassment or theft), there is no compensation for stress or for marital problems or fights; there is only compensation for physical (not emotional or mental pain) if it was caused by physical harm. There is no compensation for possibly for maybe being billed for another's care, only for provable cases where you can show you paid money you should not have. While undoubtedy frustrating, the situation your descrie does not really entitle you to compensation, regardless of fault.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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