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HIPAA violation??

I worked for a doctor and when we would go to pull charts for the next day most of them couldnt be found. There were times that we would have to make established patients new charts because thiers couldnt be located. I was just wondering if that would be a HIPAA violation?
I dont work there anymore. I was just interning there and it was a problem before I started working at that office. The charts are no where to be found in the office. We would search the entire place(not a big office to begin with) and a lot of the time come back empty handed. She is a joke of a doctor anyway.

It does not qualify as a HIPPA violation, however it could fall under a criminal negligence charge or a civil suit could be filed by every paitient that has had their record misplaced. Your best advice would be to contact the local police or if you can prove beyond a doubt that records of paitients are being lost, and you know the name, contact them and advise them to have their records copied and keep the copy themselves. Every visit they should then get the copy and I would advise them to change doctors. You might also want to contact the A.M.A. (American Medical Association) and speak with them. They are the people who can investigate cases such as this and can forward the results to the prosecutor usually at the state level for criminal charges to be filed. Not only is this negligence on the part of the doctor and her office staff, she is placing the patients lives in jeopardy. What would happen if one of them is allergic to something and they have no relatives or close friends who can advise the emergency room staff? They are entitled to the same care as anyone else. If my record turned up missing, I guarantee, someone would be doing some hard searching or there would be a civil suit very shortly.

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