People have a civil right to their medical records. Nursing home facilities have no legal basis to withhold them.
DOYLESTOWN, Pa. (PRWEB) June 23, 2022
As a precursor to a potential wrongful death claim, The Law Firm of Brian P. Murphy, PC, has been retained to represent a family whose loved one was in a Bucks County nursing home, Briarleaf Nursing and Convalescent Center, now known as Liberty Pointe Rehabilitation and Healthcare Center.
To investigate the family’s potential nursing home lawsuit with Briarfleaf, Mr. Murphy’s firm sought the decedent’s medical records.
Murphy’s law firm had already obtained hospital records indicating the decedent suffered severe hypernatremia (an indicator of dehydration) and sought medical records from Briarleaf Nursing and Convalescent Center; however, they were never received.
Due to nonreceipt of medical records from Briarleaf Nursing and Convalescent Center, The Law Firm of Brian P. Murphy, PC, recently filed a complaint with the U.S. Department of Health and Human Services, Office of Civil Rights (OCR), (Complaint No. 27288239), alleging that the law firm, in pursuit of its wrongful death claim, requested their client’s medical records from Briarleaf Nursing and Convalescent Center. The complaint alleges the firm demanded the records be provided to it in accordance with a thirty (30) day deadline set forth in the Health Insurance Portability and Accountability Act (HIPAA). The complaint further alleges that no response or medical records were received by Mr. Murphy's firm and that a second, follow-up, letter was sent to Briarleaf again demanding the records but no response or medical records were received. According to Mr. Murphy, “People have a civil right to their medical records. Nursing home facilities have no legal basis to withhold them.”
If the allegations of the complaint are proven, the nursing home could be subject to substantial civil fines and even criminal penalty.
About The Law Firm of Brian P. Murphy
Licensed in Pennsylvania and New Jersey, Attorney Brian P. Murphy has been at the forefront of legal efforts to hold New Jersey and Pennsylvania nursing homes accountable for negligent care since 2006. Singularly focused on cases involving nursing home abuse and neglect, Murphy has successfully represented hundreds of residents in Pennsylvania and New Jersey who have suffered injury or illness as a result of nursing home negligence. From bedsores, falls, and other injuries to malnutrition, dehydration, and wrongful death, Murphy has taken swift action against the long-term care and nursing facilities responsible and has earned significant compensation for his clients. Murphy has extensive experience identifying nursing home abuse and neglect as well as its causes such as short-staffing and other operational failures, and the efforts by some facilities to cover up wrongdoing through false charting. He has given multiple lectures and authored numerous law articles and legal guides on nursing home abuse and the effective litigation of neglect and abuse cases.