Dr.A. access' Dr. B's patient medical charts(there has never been a reason/need for them to share patient medical info), embellishing the charts with false information and sends the patient files along with an anonymous complaint to the state medical board. Is this a HIPAA violation? How does Dr. B. prove legally it was Dr. A who accessed his patient files? The hospital does not want to become involved and refuses to help. Thanks.

How did the one doctor have access to the other doctor's patient files and why would he send the patient's files along to the state's medical board? It would be almost impossible for another doctor to have access to another doctor's patient records unless this was done in the hospital. Then the hospital would be responsible for the breach.

Why would one doctor wish to discredit another doctor?

This almost sounds like a homework question to me.

This doesn't belong in the "criminal law" section. A volation of the HIPAA privacy rules is not a crime.

Yes, this occurred at a hospital where doctors/residents in this particular area all have access to each others files. At times the doctors are on call for each other, however, Dr. A has never taken call for or seen any of Dr. B's patients.

You asked why Dr. A. would send Dr. B's altered patient files (patient files that were not even his patients were sent also) to the state's medical board and why would one doctor want to discredit another doctor? Perhaps professional jealousy? Perhaps an attempt to get rid of Dr. B so Dr. A can climb the hospital's professional ladder faster? I do not know. Through my research though, I have found these types of things happen between doctors more than the general public knows. I do know though, the hospital is very uncooperative.

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Originally Posted by Melissathewise

Dr.A. access' Dr. B's patient medical charts(there has never been a reason/need for them to share patient medical info), embellishing the charts with false information and sends the patient files along with an anonymous complaint to the state medical board. Is this a HIPAA violation? How does Dr. B. prove legally it was Dr. A who accessed his patient files? The hospital does not want to become involved and refuses to help. Thanks.

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I'm curious as to how the charts were "embellished with false information." What complaint was filed? What was added to or omitted from the files? Were the original files damaged/destroyed/replaced?

I have to assume that there is absolutely no proof of this as you're asking how Dr. B would go about proving this. The short answer is: he can't. Unless he can get Dr. A to admit to doing this or can find out who submitted the complaint, there's no proof that Dr. A had any involvement in the first place.

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Originally Posted by Melissathewise

Yes, this occurred at a hospital where doctors/residents in this particular area all have access to each others files. At times the doctors are on call for each other, however, Dr. A has never taken call for or seen any of Dr. B's patients.

You asked why Dr. A. would send Dr. B's altered patient files (patient files that were not even his patients were sent also) to the state's medical board and why would one doctor want to discredit another doctor? Perhaps professional jealousy? Perhaps an attempt to get rid of Dr. B so Dr. A can climb the hospital's professional ladder faster? I do not know. Through my research though, I have found these types of things happen between doctors more than the general public knows. I do know though, the hospital is very uncooperative.

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If I were the hospital, I'd be uncooperative too. They're not at fault for doing their job of keep patient files.

Honestly, I don't see where the problem is. If the complaint was made anonymously, then there's nobody who can testify against Dr. B which usually means this will go away.

If I can ask, who are you in this situation? Dr. A, Dr. B or the patient?

Actually no it is not NIPAA violation, it may be fruad and violation of doctors ethics and could cuase doctor to lose their license or be warned by AMA.

But they will have to prove the doctor did it. And that the info was false.