What to Do About an Error in Your Medical Records

You're checking your patient portal and notice something that doesn't look right. Your medication list shows a drug you stopped taking two years ago. Your chart lists an allergy you don't have. Or there's a diagnosis you were never actually given.

Finding an error in your medical records can be unsettling, especially if it involves something that could affect your future care. The good news is that you don't necessarily have to live with inaccurate information in your chart. If information in your medical or billing record is incorrect or incomplete, you generally have the right to ask the healthcare provider or health plan to amend it.

Under HIPAA, you also generally have the right to access and review your health information. That gives you a chance to catch problems in the first place.

But what if the error is serious enough that you're wondering about legal action? Can you sue for inaccurate medical records? Sometimes, depending on what happened, what harm resulted, and what state law applies. An inaccurate record by itself does not automatically mean you have a lawsuit or a right to damages.

Usually, the best place to start is much simpler: get a copy of the record, figure out exactly what's wrong, and ask the organization to correct it.

TL;DR: Key Takeaways

• You generally have the right to access and review your medical records under HIPAA.
• If you find inaccurate or incomplete information, you can request an amendment.
• Be specific about what's wrong and provide supporting documentation when you can.
• A provider or health plan can deny an amendment request in certain circumstances, including when it determines that the information is accurate and complete.
• If your request is denied, you generally have the right to submit a statement of disagreement for inclusion in your record.
• Can you sue for inaccurate medical records? Possibly, but that depends on the circumstances, any harm you experienced, and applicable state or federal law.
• HIPAA gives you rights to access and amend certain health information, but it does not itself create a general private right of action for patients to sue over HIPAA violations.

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How to Access Your Medical Records

Before you can challenge an error, you need to know exactly what your record says.

Start with your healthcare provider's patient portal. Many providers make records, test results, medications, visit summaries, and other health information available online.

You can also contact the provider's medical records, health information management, or privacy department and request a copy. Under HIPAA, covered entities generally must act on a request for access within 30 calendar days. A limited extension may be available when the organization cannot meet that deadline.

For a broader look at what's included in a medical record, see our guide on what medical records are.

Do a Careful Review

Once you have your records, don't just look for obvious spelling mistakes. Read through the information carefully and check whether it is accurate and complete.

Pay attention to things like:

• Your name and date of birth
• Diagnoses
• Allergies
• Medications and doses
• Past surgeries
• Test results
• Imaging reports
• Hospitalization dates
• Family history
• Notes about symptoms or treatment

Some errors are relatively minor. A medication you stopped years ago might still appear on your active medication list. A procedure could have the wrong date. An allergy might be missing.

Other mistakes can matter much more, such as a diagnosis you were never given, a serious allergy that isn't listed, or a test result that appears to belong to someone else.

For more on what should be included in your health history, see our guide on what your medical history includes.

What to Do If You Find an Error

Once you spot something wrong, don't assume someone else will catch it later.

Start by identifying the exact information you believe is incorrect. Be as specific as possible.

"The medication list says I currently take 50 mg of medication X. I stopped taking this medication in March 2025."

That's much more useful than simply saying, "My medication list is wrong."

If you can, gather documents that support your request. Depending on the situation, that could include:

• A prescription or medication list from another provider
• A laboratory report
• An imaging report
• A hospital discharge summary
• Documentation from another healthcare provider
• An earlier medical record that shows the correct information

You don't necessarily need to prove that someone made the mistake intentionally. The goal is to clearly explain what information is inaccurate or incomplete and provide evidence that helps establish what the record should say.

How to Request a Correction

Healthcare organizations may have their own forms and procedures for amendment requests. Contact the medical records, health information management, or privacy department and ask how to submit one.

Your request should explain:

1. The specific information you believe is incorrect or incomplete
2. What you believe the correct information should be
3. Why you believe the existing information is inaccurate or incomplete
4. Any supporting documentation you have

Under HIPAA, a covered entity can require amendment requests to be made in writing and can require a supporting reason if it tells you about those requirements in advance.

The organization generally must act on an amendment request within 60 days. If it needs more time, it can generally take one additional 30-day extension as long as it gives you written notice explaining the delay and when it expects to complete the request.

Keep a copy of everything you submit, including the original request and any documents you send with it.

What If the Provider Refuses to Correct the Record?

A provider or health plan does not have to approve every amendment request.

Under HIPAA, an amendment request can be denied in certain situations. For example, an organization may deny it if it determines that the information is accurate and complete, if the information was not created by that organization in certain circumstances, or if the information is not part of the designated record set covered by the amendment rules.

A denial doesn't necessarily end the process.

If your amendment request is denied, you generally have the right to submit a statement of disagreement. The organization must add it to the record as part of the HIPAA amendment process. The organization may also prepare a written rebuttal, which must be provided to you if it does so.

Ask the organization for its specific procedure and keep its written response with your records.

What If the Error Could Affect Your Medical Care?

This is one situation where you shouldn't wait for the amendment process to finish.

Suppose your chart incorrectly says you're allergic to a medication. Or it lists a condition you don't have. Or an important diagnosis or test result is missing.

Tell your current healthcare provider about the discrepancy while you're working on the correction. You could say:

"I noticed this information in my chart is incorrect. I've asked the medical records department to amend it, but I want to make sure you know about the discrepancy."

That gives your clinician an opportunity to consider the correct information when making treatment decisions.

Can You Sue for Inaccurate Medical Records?

This is where the answer gets more complicated.

Potentially, but an inaccurate medical record does not automatically give you a lawsuit.

Whether you have a viable legal claim can depend on several things, including:

• What the error says
• Who created or entered the information
• Whether the provider knew or should have known the information was wrong
• Whether the error was corrected or left in place
• Whether someone relied on the inaccurate information
• Whether you experienced actual harm
• What state law applies
• Whether a legal deadline for bringing a claim has passed

For example, an incorrect diagnosis that was never relied upon and caused no identifiable harm is a different situation from an inaccurate diagnosis that was allegedly relied upon during treatment and contributed to an injury.

HIPAA itself does not provide a general private right of action that allows patients to sue simply because a HIPAA violation occurred. The HHS Office for Civil Rights can investigate certain HIPAA complaints and may require corrective action or pursue civil money penalties in appropriate cases.

That does not mean other laws can never provide a basis for legal action. State laws and other legal theories may apply depending on what happened and what harm resulted.

If you believe an inaccurate record caused significant harm, an attorney who handles medical malpractice or healthcare law can explain what legal options may exist in your state.

When Should You Talk to a Lawyer?

Consider getting legal advice if the record error is connected to significant harm or a serious dispute.

Examples include:

• You believe an inaccurate record contributed to an injury
• A serious diagnosis was recorded incorrectly
• An inaccurate record affected your treatment
• An error affected an insurance or disability claim
• You believe someone knowingly entered false information
• You requested a correction but the dispute remains unresolved
• You're concerned about a legal deadline

Bring the relevant medical records, your amendment request, the provider's response, and documentation showing any harm or consequences.

You don't need to wait until you're considering a lawsuit to create a paper trail. Keep copies of your original records, correction request, supporting documents, and every response you receive.

Can You Remove Something From Your Medical Record?

Usually, the goal is correction or amendment, not simply deleting something you don't like.

Medical records are meant to document the care you received. If a provider believes an entry is accurate, it generally does not have to remove it simply because you disagree with how the information was documented.

If information is genuinely inaccurate or incomplete, you can request an amendment. If the provider disagrees with your request, you can generally submit a statement of disagreement that becomes part of the record.

You also generally cannot force a provider to rewrite an accurate clinical note simply because you would have described the situation differently.

Protecting Yourself After Finding an Error

Once you've found one inaccurate entry, check whether the same information appears somewhere else in your records.

For example, if an incorrect diagnosis appears in one doctor's note, check whether it also appears in your problem list, medication records, specialist notes, hospital records, or later visit notes.

If you need to authorize records being sent between providers, you can learn more about a medical records release form.

It's also a good idea to keep copies of important medical records yourself. Having your own copies makes it easier to compare records over time and spot information that keeps being carried forward.

Conclusion

Finding an error in your medical record doesn't mean you have to ignore it.

Start by getting a copy of the relevant records and reviewing them carefully. Identify exactly what's wrong, submit a clear amendment request, and include supporting documentation when you have it.

If the provider denies the request, you generally have the option to submit a statement of disagreement. And if the error caused serious harm or you believe you may have a legal claim, an attorney can help you understand what options may be available under the laws in your state.

Most importantly, don't wait for the paperwork to catch up if the error could affect your care. Tell your current healthcare providers about important discrepancies while the correction is being reviewed.