LEXINGTON, Ky. (LEX NEWS) — A Lexington man said he received another patient's medical records after an emergency room visit, leaving him unaware for more than a week that he was under medical restrictions prohibiting him from driving.
58-year-old Jim McGary, an insurance agent who describes himself as normally healthy, was rushed to CHI Saint Joseph Health's emergency room on Harrodsburg Road on Feb. 11 after passing out at home.
"I came home from work and I didn't even realize what had happened, but I went back to the bedroom and apparently passed out," McGary said. "That had never happened before."
After several hours in the emergency room, McGary was discharged. But less than a week later, he discovered the name in the left corner of his discharge papers — which he had assumed was his attending physician — was actually another patient's name, along with their medical instructions.
McGary said he immediately called the emergency room to report the error and request his correct paperwork. He said it took three more days of multiple conversations with hospital staff before he received his proper discharge papers.
Eight days after his initial visit, McGary realized he had been driving while under a medical restriction that stated: "Do not drive until you are cleared by the neurologist."
"By the time I got my discharge paperwork that I'd been to Lawrenceburg, Frankfort. I mean, I drive a lot for work," McGary said. "If something had happened I would have been driving and per instructions from a doctor it would have been noncompliant."
McGary said what concerned him most was "the lack of urgency" in fixing what he considered "a big problem" and having to bring it to hospital staff's attention three times.
After reporting his concerns to emergency room staff and the hospital's grievance coordinator without resolution, McGary contacted LEX Investigates.
CHI Saint Joseph Health did not directly address McGary's complaint, citing patient privacy laws. In an email, Marketing and Communications Director Mary Branham said: "Patient safety is a top priority and our safety protocols include multiple points to minimize errors as much as possible. When a serious safety or patient event occurs, we conduct a full investigation and provide transparency with the patient and family."
LEX News Investigates found that incidents like McGary's are not systematically tracked. Multiple federal, state and independent agencies contacted said they don't collect such data, including the Kentucky Cabinet for Health and Family Services and The Joint Commission. The U.S. Department of Health and Human Services did not respond to requests for comment.
Most hospitals have compliance officers who handle such complaints, according to LEX News' research.
"I guess you can't assume that the medical professionals get what should be the simple stuff right," McGary said. "I now know to double check my discharge paperwork."
To report potential HIPAA complaints, patients are generally encouraged to contact the hospital directly, then file a grievance, if necessary. Patients can file formal complaints directly with the Department of Health and Human Services.
