can you sue for inaccurate medical records

It is the third leading cause of death in Canada next to cancer and heart disease. In some limited circumstances, medical providers can deny access to a patients medical records, including: It is important to note that medical records are not available indefinitely and legally can be destroyed after several years. I would like to thank Nick Thompson and Thomas Law Offices for making my personal injury case a hassle free process. Pursuing a medical malpractice claim can be one of the most complex and difficult legal cases. If youve been injured in a hospital or doctors office in Ohio and believe a medical professionals negligence is to blame, you may have grounds to file a personal injury claim. Please refresh the page and try again, By clicking "Find a Lawyer", you agree to the Martindale-Nolo. When Can Patients Sue a Hospital for Negligence? Have You Been Injured? Everyone has been very caring and helpful during a stressful time in our lives. Trust and support are seen as the most important part of our company culture. Therefore, you could still pursue compensation even if crucial records are missing. We have uncompromised data security policies to comply with HIPAA & ISO standards to protect every single info shared with us. They are a great team! Even when the doctor's error seems obvious, you still might need expert witnesses to prove your case. Copyrights 2013-2022 | All rights reserved. I am a Texas resident who was involved in a commercial vehicle accident in Kentucky. I highly recommend Mike as an attorney. The entire team from the intake Samantha to the lawyer himself (Ron Miller) has been really approachable. Theres no good reason to believe that a doctor or other health care provider wouldnt want to correct factual errors about which there is no dispute. the doctor's negligent misdiagnosis or delayed diagnosis caused your condition to progress or worsen beyond what it would have had a correct and timely diagnosis been made, and. A study by the Armed Forces Institute of Pathology showed that in the family practice setting, these were the five most often misdiagnosed conditions: Women are likely to experience more diagnostic errors than men when it comes to certain conditions. To prove misdiagnosis malpractice, you'll probably have to show that the doctor made one of these errors. (To learn more about medical malpractice in emergency settings, see Nolo's article Medical Malpractice During Emergencies.). But depending on a loved ones medical needs and level of independence, making the move to an assisted living facility is sometimes the smartest and safest decision. Nothing on this site should be taken as legal advice. In the event a doctor, nurse, or other medical professional makes a mistake in your chart, you could suffer unexpected and preventable injuries. In other words, if a hospital employee injures a patient by providing negligent (not reasonably careful) medical care, the hospital is probably liable, or legally responsible, for the patient's injuries. For example, suppose a doctor diagnoses a patient who is having a heart attack as suffering from acid reflux. We'll offer our expert advice about your potential case and walk you through how we can help you. I will certainly recommend you and your office group to anyone who needs an attorney.Best regards We are very please with all the hard work that Thomas Law Staff did for us to receive a fair settlement in our case. Another reason that misdiagnosis happens is a faulty lab result or test. Medical records cannot usually be changed, but a note can be added explaining why they are incorrect. A few conditions create diagnostic problems in specific patient groups. Medical records can include doctors notes, diagnostic test results, lab reports, and others. Knowledgeable, eager, dedicated, and friendly are a few words I'd use to describe the experience in working with Mike. Not every diagnostic error is malpractice. Never delay or disregard seeking professional medical advice from your doctor or other qualified healthcare provider because of something you have read on WebMD. They even got us additional benefits in addition to the settlement with the insurance company. If I could rate over 5 stars I would. Ideally, at the end of this process, the doctor is able to arrive at a correct diagnosis. Skillful doctors sometimes make mistakes even when they're being careful. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Because of this I now have a chance to start my own business. Records should always reflect who did what. That begs the question: What do you do if you find an error or other information with which you adamantly disagree in your medical files? This means that you may have to put in multiple requests if you want a complete copy of your medical record. When trying to diagnose a patient, a doctor makes a list of diagnoses in order of probability and tests them by asking the patient questions, making further observations of the patient, or ordering tests. Medical records contain vital information about your health and medical history, including a variety of documentation on clinical findings, diagnostic test results, preoperative care, operation notes, post-operative notes, and daily notes about progress and medications if youre hospitalized. Attorney Tad Thomas and Attorney Kristin Arnold are passionate and knowledgable attorneys and I look forward to working with them in the future. The doctor has now correctly diagnosed this condition, but only after a significant delay. They may share your records electronically with your other providers if you grant permission. A special shout out to Lindsay Cordes and Tad Thomas they are the greatest. It was a scary and vulnerable time to realize I just lost my means to work and the ability to provide for my family. One of the issues the expert will examine is the defendant doctor's differential diagnosis method. I am so fortunate to have an excellent attorney and that Ive gained a friend. In addition, you want to make sure that your demographic information your name, address, etc. In an emergency room, less common conditions are more likely to escape correct diagnosis. You're in good hands with Mike. Lou has been a consistent, straight forward ally with a way of being clear, helpful and reassuring that is so much appreciated. It's your legal right to see your medical records. Your case will not necessarily look like these cases. We often see medical records where the entries are simply untrue. I will refer you to anyone if needing an attorney. You can rest assured that we will offer competent and compassionate representation every step of the way. Because of that, youll want to work with a lawyer who understands what malpractice is and how its proven. There was a problem with the submission. Generally, a medical provider or hospital merely losing your documents does not give you grounds for filing a lawsuit. Medical negligence or malpractice is a failure to exercise an accepted standard of care in medical professional skills or knowledge, resulting in injury, damage or loss. Surgeons must know of a patients medical conditions and medications to safely operate on them. Want to thank Thomas law office for the great job they do! If so, what was the reaction you got? Office of the National Coordinator for Health Information Technology, Health Insurance Portability and Accountability Act. My family's attorney, Ms. Lopez, was professional, compassionate, and really believed in fighting for justice for our family. This evaluation likely will require that you review the list of possible conditions the doctor considered when evaluating youcalled your "differential diagnosis." The contact form sends information by non-encrypted email, which is not secure. The communication I receive from them was unbelievable and the best. general (also called "noneconomic") damages. The entire Morgan & Morgan team, including my case manager Michelle Hill, have been a blessing! Hes the man for the job if you are searching for an attorney! In short, patients want access to the notes while doctors seem more reluctant to show them. Our tenacious medical malpractice lawyers can advise you comprehensively and handle all legal aspects of your claim, leaving you free to concentrate on your recovery and well-being. 0 found this answer helpful | 1 lawyer agrees Helpful Unhelpful 0 comments Charles Henry Sinclair View Profile 4 reviews Avvo Rating: 9.1 After researching the attorneys and law firms in my area, I reached out to Lindsy Lopez because of her academic and professional experience. Will go the extra mile for you when a lot of lawyers won't. Posted on Jan 22, 2016 You can sue the doctor, but I do not see where your damages lie in a libel suit. Tell us about your situation so we can get started fighting for you. I wish I didnt have to hire an attorney but my family and I were blessed. 2023 Thomas Law Offices - All Rights Reserved. I am thrilled he helped me recoup my loss. I only wanted my almost totaled car fixed. I will trust this firm with my life! Ron even fought to reduce how much I owed in medical bills so I could get an even larger settlement. Weve won over $15 Billion for our clients in cases of all types. Conversely, cases with a lot of promise are sometimes lost because there is not an accurate record of what happened, preventing lawyers from being able to support their case with evidence. I'm so glad Louie was recommended to me and I'm happy to continue recommending him to anyone in need. The falsifying medical records penalty as a felony can be a jail term of up to three years . Otherwise, your medical records will not be consolidated. I was very impressed with all of their staff.Special thank you to julie. Our superiors and managers understand the importance of individuality with all different skills and strengths in order for the team to function as one. Moreover, if you are looking for particular test results, you could directly request them from a lab, imaging center, or hospital. They quite literally worked as hard as if not harder than the doctors to save our lives. We give high priority to data security & privacy. Everyone in the office is friendly and cery helpful. You can obtain a copy of US DOT Part 382 final rule in an accessible format from the US Department of Transport through any of the following means: By telephone via the Toll-Free Hotline for Air Travelers with Disabilities at 1-800-778-4838 (voice) or . Get the compensation you deserve. Losing records and test results can result in medical malpractice in some cases, for example, when the missing information causes a missed or late diagnosis. Can you sue for wrong medical records? If you receive an incorrect medical bill, the first step to take is to call the insurance company and the hospital. One doctor interviewed for the story explained that part of the problem is that medical professionals may not realize the significance. Morgan and Morgan is truly the best law firm! WebMD does not endorse any specific product, service or treatment. The floor was mopped with no signs placed to warn customers. He is an outstanding personal injury lawyer. Lindsay, Tad, and Thomas Law Offices navigated this battlefield of an issue with the utmost kindness, tenacity, compassion, reliability, and genuine investment in me not as a client, but as a person. Second, the doctor might correctly diagnose one condition but fail to diagnose another. Malpractice Related to Peptic Ulcers in Syracuse, Syracuse Personal Injury Blog, October 25, 2018, Family of Patient who Committed Suicide Wins Medical Malpractice Claim,Syracuse Personal Injury Blog, October 21, 2018, Migraines/Headaches and Medical Malpractice in Syracuse,Syracuse Personal Injury Blog, October 17, 2018. According to Johns Hopkins University, medical malpractice is increasingly common in the US. Not all misdiagnoses result in harm. Although Dr. B misdiagnosed Amy, the generally accepted treatment for a staph infection is the same as the treatment that Dr. B prescribed for pneumonia. Past results of cases and recoveries by our medical malpractice lawyers against hospitals, doctors, midwives, nurses and other healthcare professionals are not necessarily indicative of future results. Increased time pressure can mean less time to investigate possible conditions. Moreover, certain factors could extend or shorten the time available for filing a suit. Always responds to me the same day and if he isn't available, his wonderful assistant Roxanne is awesome too. Very thankful to have had them represent us! Attorney Kevin Weis and the team at Thomas Law Offices are professional and compassionate attorneys, and I couldnt be happier with the result of my case. Especially Roxanne, I know you pulled for me a lot! Sometimes, when a healthcare provider is caught, difficult cases suddenly become much easier to win. In other words, a patient has to prove that a doctor or hospital failed to adhere to the standard of medical care, and that: Medical malpractice cases can potentially arise during surgery, childbirth, and many other circumstances. We could: Morgan & Morgans medical malpractice attorneys have been fighting for the rights of medical malpractice victims for decades. I tell people, Collect all your medical records, no matter what so you can ask all kinds of questions and be on the alert for errors, Susan Sheridan, director of patient engagement with the Society to Improve Diagnosis in Medicine, told ABC for its report. Professional. Complex facts, difficult medical and legal issues, and the need for expert witnesses are just a few of the many reasons why you don't want to handle your malpractice suit without expert legal help. From the first phone call I made to them, they have been extremely compassionate, very helpful, and 100% professional. Felt like he really had my best interest in mind. There's almost no such thing as a simple misdiagnosis malpractice case. Failing to correct errors in your medical records can result in devastating injuries or worse, according to a recent report fromABC News. Fast and responsive to any questions or concerns. These damages can add up quickly in a medical malpractice case. They have you're best instrests and health as a priority! failing to conduct a suicide risk assessment. New York with Multiple Convenient Locations, Malpractice Related to Peptic Ulcers in Syracuse, Family of Patient who Committed Suicide Wins Medical Malpractice Claim, Migraines/Headaches and Medical Malpractice in Syracuse, Rochester Medical Malpractice and Personal Injury Lawyer Blog, Syracuse Medical Malpractice and Personal Injury Lawyer Blog, Improper Use of MRI Machine Leads to Serious Injuries, DeFrancisco & Falgiatano, LLP Personal Injury Lawyers. I am extremely pleased with his service and highly recommend him and his firm if you are in need for a high quality and professional law firm.Dan LivingstonPensacola, Florida, Logan Woods , handle my case , Im glad she did , great listener and a very compassionate, she went through this journey with me.

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