Suing a Maryland Hospital for Medical Identity Theft & Altered Health Records

The Life-Threatening Reality of Medical Identity Theft

When someone steals your identity to buy a TV, you lose money. When someone steals your identity to obtain medical treatment, you could lose your life. Medical identity theft occurs when a fraudster uses your name, Social Security Number, or health insurance information to receive care, obtain prescription drugs, or bill Medicare. As a result, the thief's medical history is merged with yours in the hospital's database. For patients in Bethesda, Towson, and Annapolis, a corrupted medical file can result in lethal misdiagnoses, allergic reactions to incorrect medications, and denial of coverage for legitimate procedures.

Correcting false medical records requires navigating complex healthcare privacy laws. We advise seeking legal representation through our catalog of experienced lawyers. A Maryland privacy attorney can aggressively intervene with hospital administrators, ensuring your corrupted records are segregated and corrected before a fatal medical error occurs.

Micro-Niches in Medical Identity Theft

Healthcare fraud manifests in various environments, each requiring a tailored legal approach to untangle your identity from the imposter's actions.

Medicare Fraud by Nursing Homes

Corrupt nursing facilities or rogue employees may use a senior's Medicare number to fraudulently bill the government for wheelchairs, diagnostic tests, or therapy sessions that were never provided. This drains the victim's lifetime Medicare benefits and leaves a false trail of severe medical conditions on their official health profile.

Prescription Drug Fraud at Pharmacies

Addicts or drug traffickers frequently steal identities to obtain controlled substances like opioids. When this happens, your health record falsely reflects a history of severe drug use. This can cause your primary care doctor to label you as a drug seeker, resulting in the denial of legitimate pain management treatments in the future.

Stolen Health Insurance Used for Surgeries

Uninsured individuals may use your insurance card to undergo expensive surgeries. Not only are you left with massive hospital bills, but your file might now indicate you had your appendix removed when you haven't, creating chaotic confusion for emergency room surgeons who later try to treat you.

Step-by-Step Process to Correct Medical Records

To safely restore the integrity of your health records, you must leverage both federal privacy protections and state laws.

Step 1: Demand an Accounting of Disclosures (Audit)

Under 42 U.S.C. § 1320d (HIPAA), you have the legal right to request an 'accounting of disclosures' from your healthcare provider. This audit report details exactly who has accessed your health records and where your information has been sent. This helps track the scope of the identity theft.

Step 2: Invoke the Maryland Personal Information Protection Act

Victims are strongly protected under Md. Code Ann., Com. Law § 14-3501, known as the Maryland Personal Information Protection Act (MPIPA). This statute requires businesses and medical providers to implement reasonable security procedures. If the hospital's negligence contributed to your identity theft, your lawyer can use MPIPA to hold the facility accountable for the breach.

Step 3: File a Formal HIPAA Grievance

If a hospital refuses to amend your corrupted medical records, you must file a formal complaint with the federal government. Your attorney will help you submit Form HHS-700, FED, HHS Office for Civil Rights, Health Information Privacy Complaint. Concurrently, a complaint can be filed locally with the Maryland Department of Health, Baltimore to trigger a state-level investigation into the facility's record-keeping practices.

Step 4: Pursue Litigation for Negligence

While individuals cannot sue directly under HIPAA, Maryland state law allows for civil lawsuits based on negligence, breach of confidentiality, and invasion of privacy. You can sue the hospital or clinic in the Circuit Court for Montgomery County, Rockville or another local venue. Legal precedents in the state, such as principles established in Doe v. Shady Grove Adventist Hospital, 89 Md. App. 351 (MD Court of Special Appeals 1991), demonstrate the judiciary's willingness to address the improper handling and disclosure of sensitive medical data.

How Much Does it Cost to Sue a Hospital?

Medical identity theft litigation varies in cost based on the hospital's willingness to cooperate.

• Initial Legal Demands: Hiring an attorney to draft formal dispute letters and demand a medical audit generally costs $500 to $1,500.
• Filing a Lawsuit: If the hospital refuses to correct the records and you must file a tort claim, Circuit Court filing fees are roughly $165.
• Litigation Costs: Many attorneys take privacy breach cases on a contingency basis if the hospital's negligence was severe, meaning they take a percentage (usually 33% to 40%) of the settlement. Otherwise, hourly rates range from $300 to $500.

How Long Does the Process Take?

Under HIPAA, a hospital generally has 60 days to respond to your request to amend your medical records. If they comply, your file can be cleared relatively quickly. However, if the hospital denies your request and forces you to pursue state investigations or civil litigation, forcing the correction can take 1 to 2 years.

Frequently Asked Questions (FAQ)