Beckley, WV asked in Medical Malpractice and Health Care Law for West Virginia

Q: Can a dr add marijuana user to your chart when you have liscense and state does not require informing docs?

I have revoked their right to release my med records but this info is now in a health information system and accessible to many doctors. She said marijuana was responsible for my symptoms that started years before using marijuana. She was unaware that there are different forms and concentrations of marijuana. She asked no questions about why, how, or how much, how often. In her words any marijuana use causes severe side effects. She also disagreed with four other doctors I have seen for over a year. This was my first meeting with her. I have an ackowledged chronic pain condition. She suggested I try pain meds with no cognitive side effects. She could not give examples and said not her expertise. According to my pharmacist those do not exist. Her expertise is sleep. How is she qualified to make a diagnosis of marijuana user? Its not an actual diagnosis. Its treatment for a chronic condition that is progressive. Marijuana use disorder is a real diagnosis that does not apply to me.

2 Lawyer Answers
Joel Gary Selik
Joel Gary Selik
Answered
  • Medical Malpractice Lawyer
  • Las Vegas, NV

A: There is no limit on what doctors may or may not put in your records.

Some faculties/medical groups have procedures to addresses issues in patients' medical records.

In some states, there are methods in which you can seek a medial record change, or an addition to your medical records.

Tim Akpinar
Tim Akpinar
Answered
  • Medical Malpractice Lawyer
  • Little Neck, NY

A: Only a West Virginia attorney could advise on state-specific law. But as a general principle, if a doctor could argue that they believed something was medically relevant in their observations and diagnosis, they would be inclined to include it. Good luck

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