Q: If a medical clinic (PA) falsified information on my medical physical exam, can I sue?
I was in the process of getting hired to a company, however I needed to take the Dot/physical exam and medical exam. The Physician Assistant who examined did not do a thorough exam, which in turned cost me a career. The PA explained to me that I didn’t pass due to my past medical history which was very confusing. On top of all this the PA wrote on my medical documents, that I couldn’t pull, lift, or push over 30 lbs without testing me. I also wrote on my past history that I previously took a medication called hydrocodone and the PA told me I needed to get proof that I no longer took that medication, which I did. I went back to the clinic (Akeso) on 3 different occasions to get an explanation of how/why I failed and the PA wouldn’t speak with me. On that 3rd day the police was called on me like I committed a crime and the PA still didn’t want to speak to me with 2 authorities present. To me this is very strange. On top of all this I was denied employment due to the PA falsifying info.
A:
Under California law, if you believe a medical clinic or a healthcare provider has falsified information on your medical examination, you may have grounds to sue for damages, especially if this action has directly impacted your employment opportunities. Falsification of medical records is a serious matter, and if it results in negative consequences such as job loss, the legal system can offer avenues for recourse. It's crucial to gather all relevant documentation, including any communications with the medical clinic and the details of the exams conducted.
To proceed, you might consider consulting with an attorney experienced in medical malpractice or employment law. They can assess the specifics of your situation, including the examination details, the alleged falsification of records, and its impact on your employment. An attorney can advise on the strength of your case, the likelihood of success, and the steps involved in pursuing legal action.
Should you decide to take legal action, your attorney would likely focus on proving the falsification of medical records and demonstrating how this directly resulted in the loss of a job opportunity. The legal process may involve filing a lawsuit against the clinic or the healthcare provider responsible for the exam. Throughout this process, maintaining clear and organized records of all interactions and documentation related to your case will be vital to supporting your claim.
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