Identity Theft Litigation
Fair Credit Reporting Act Claims
Real Legal Action
When most people think of identity theft, they think of financial assets such as stolen credit card numbers, fraudulent bank accounts, and unauthorized loans. Medical identity theft is different, and in many ways more dangerous.
At Sharmin & Sharmin, our attorneys represent Texas victims of medical identity theft who are dealing with fraudulent medical debt on their credit reports, exhausted insurance coverage, and credit bureaus that have failed to correct the resulting inaccuracies after a formal dispute.
Call our Texas Identity Theft Lawyer at 1-844-SHARMIN or contact us online to schedule a free consultation to discuss your case.
Medical identity theft occurs when someone fraudulently uses your personal information to obtain medical services illegally.
The thief may be a stranger who obtained your information in a data breach, a healthcare employee with access to patient records, or someone in your personal network. Health industry experts say certain individuals are more likely to become targets, including people on Medicare and the elderly, as well as children whose clean credit records can be exploited without anyone checking, new mothers, surgery patients, and people with chronic conditions.
Texas is home to a massive healthcare system and millions of insured residents, making it a significant target for medical identity fraud. Common ways medical identity theft occurs include:
The Texas Medical Records Privacy Act and the Texas Identity Theft Enforcement and Protection Act serve to help protect your personal health information. But when those protections fail, and your information is misused, the resulting harm requires experienced legal advocacy to address.
Medical identity theft often goes undetected for months because most people do not closely review their insurance statements. Red flags to watch for include:
If any of these come up, you should take the time to look into things as soon as possible. These situations only tend to become more complicated over time, not less.
The claims made in a medical identity theft case are billed to your insurance. Possible consequences include:
Over time, this can deplete your coverage in ways that directly affect your ability to get the care you actually need.
Yes. When the person who stole your identity receives treatment, the bills that go unpaid end up tied to your name. If those balances are sent to collections, they can appear on your credit report and damage your credit score. In some cases, victims do not find out about fraudulent medical debt until they apply for a loan or pull their credit report for another reason.
The debt itself is not yours, but correcting it requires formal disputes with the collection agency, the credit bureaus, and potentially the healthcare provider.
Acting quickly is important to limit further damage. Key steps include:
Federal law gives you the right to access and request corrections to your medical files, so do not hesitate to push back if a provider resists. Our attorneys can help you do just that as well as handle every other aspect of your case.
If fraudulent medical debt has shown up on your credit report, you have the right to dispute it under the Fair Credit Reporting Act. To start the process:
The credit bureau is required to investigate your dispute within 30 days. If the debt cannot be verified as legitimate, it must be removed. If the bureau fails to act or reinserts the fraudulent information after it has been removed, that may be a separate FCRA violation that gives you grounds for a legal claim.
Depending on how the theft occurred and how the aftermath was handled, more than one party may bear legal responsibility:
Each of these parties has obligations under federal law; a failure to meet them can form the basis of a legal claim on your behalf. Call our medical identity theft lawyers in Texas today for more information.
Medical identity theft cases are among the most complex consumer fraud matters an attorney can handle. They involve healthcare providers, insurance companies, credit bureaus, and data furnishers. Each has distinct legal obligations, and each is capable of compounding the original harm through inadequate responses to your disputes and complaints.
An experienced Texas medical identity theft attorney understands how to build your best case and help you obtain your best possible result. Your chances of securing the justice and compensation you deserve are much greater when you have an experienced Texas medical identity theft attorney by your side.
If you are a victim of medical identity theft, you need the assistance of an experienced Texas mistakenly reported deceased attorney. At Sharmin & Sharmin, P.A., our attorneys have the experience, skills, and resources to protect your rights and help you obtain the best possible outcome for your case. Call us today at 1-844-SHARMIN or contact us online to schedule a free consultation.
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