Asked in Civil Rights for Kentucky

Q: Any legal rights if a Doctor types a statement that is false about a patient that can harm them from receiving treatmen?

Patient in process of getting approved for transplant list. Unfortunately this doctor was only seen one time for current lung conditions not for requirements or aid to get lung and heart transplants. There was many requirements that was not discussed that we were already aware of but fir some reason he was fixated on COVID shot. We at no time replied that she was not interested, was not planning, nor refusing to get any vaccine, or treatments necessary for her transplants. We was not there to discuss treatments not yet achieved for transplants but for current conditions. Which is odd considering that flu shot and other known treatments necessary for transplants was not discussed if he was so concerned on a professional level of this subject he was discussing. My understanding is that he was only supposed to discuss possible treatment to the current lung disease issue if any, before moving forward on the additional proceses to get listed for transplant.

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1 Lawyer Answer
Timothy Denison
Timothy Denison
  • Civil Rights Lawyer
  • Louisville, KY
  • Licensed in Kentucky

A: You would have to be able to show that the statement was materially false and that she was actually harmed by the statement before you have any Cole of a claim.

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