If medical records are accidentally emailed to the wrong person, the firm should immediately treat it as a potential data breach.
The priority is to contain the disclosure, document what happened, preserve evidence, and correct the workflow so it does not happen again.
In most cases, how the firm responds matters more than the mistake itself.
What to Do Immediately
- Contact the unintended recipient right away: Ask them to delete the email and attachments and confirm they did not forward or save them.
- Preserve the evidence: Keep the sent email, the attachments, timestamps, and any system logs. Do not delete anything related to the incident.
- Identify exactly what was disclosed: Confirm which files were sent and what sensitive information was included.
- Prevent repeat exposure: Pause sending medical records via email until you confirm controls are in place.
Document the Incident Clearly
Create an internal incident record as soon as possible while details are fresh. At a minimum, document:
- Date and time of the disclosure
- Who sent the email and who received it
- What records were included
- What steps were taken to contain the issue
- Whether deletion was confirmed by the recipient
Do We Need to Notify the Client?
Notification requirements depend on jurisdiction, professional responsibility rules, and the nature of the information disclosed.
From an IT perspective, the priority is ensuring the facts are accurate and documented before any external communication occurs. Many firms consult legal counsel or their malpractice carrier before notifying affected parties.
Why This Happens (IT Insight)
Most accidental disclosures are not intentional. They are usually the result of workflow gaps:
- Email autocomplete selecting the wrong contact
- Manual attachment handling under time pressure
- Using email instead of secure document-sharing tools
- No safeguards on outbound sensitive data
These incidents usually point to system design issues, not individual mistakes.
How Firms Can Prevent This Going Forward
- Use secure client portals instead of email attachments
- Restrict or block emailing of medical records
- Enable warnings for external recipients
- Implement data loss prevention (DLP) controls
- Standardize document-sharing workflows
Final Answer
If medical records are emailed to the wrong person, contain the disclosure immediately, document the incident, preserve evidence, and review your systems.
A fast, well-documented response reduces risk and maintains trust.
Need Help?
Bloomfield Networks helps personal injury law firms respond to data incidents, document breaches properly, and implement secure systems that reduce the risk of accidental disclosure.
Schedule a free consultation:
https://calendar.google.com/calendar/u/0/appointments/schedules/AcZssZ1Zm7TOEkVYu6DfxiBJKSnkqSjBCvV-r5RFXoWExrNCjk6kgpX8sBdKTu6mtRlcfWZO7KCp-2Ed
Email: [email protected]
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