San Francisco, CA asked in Medical Malpractice for California

Q: What is the process to delete the medical records from a specific facility?

I suffered a TBI. I am in civil litigation. I have a Neurologist and Primary. I've had a neuropsychology evaluation. Recently I reached out to the county mental health from the anxiety and they referred me to a facility called Momentum. I specifically asked for a Psychologist who has TBI specialty.

I spoke to the intake for one hour. What I did not know was the intake licensed clinician diagnosed me as BI-POLAR that same day. Six months later, I was referred to another Licensed Clinician and thats when I found out.

I was absolutely stunned. So I contacted State Board of Psychology and they told me something interesting. The only doctors qualified to diagnose a TBI patient are Psychologist and MDs.

So here is my problem. Momentum does not have MDs or Psychologists. So if they are unqualified to diagnose, there is no point in reassessment. The only option is to delete the records. I filed a complaint with the county mental health dept. Will this affect my civil litigation?

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2 Lawyer Answers
William John Light
William John Light
Answered
  • Medical Malpractice Lawyer
  • Santa Ana, CA
  • Licensed in California

A: There is no such process of which I am aware. You have a right to add a note to your records. You have a right to file a complain with the Board of whatever license the clinician had. You have a right to move to exclude evidence of the diagnosis at trial and/or to impeach the clinician under cross-examination by showing his lack of expertise in the subject matter. Whether or how much this particular incident will affect your litigation is pure guesswork.

Dale S. Gribow
Dale S. Gribow
Answered
  • Palm Desert, CA
  • Licensed in California

A: IF YOU ARE IN LITIGATION, THEN THIS IS THE QUESTION THAT SHOULD BE ASKED OF YOUR ATTORNEY.

I AM NOT AWARE OF A PROCEDURE TO ACCOMPLISH WHAT YOU WANT TO DO BUT IT IS OUTSIDE OF MY FIELD OF EXPERTISE.

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