Allentown, PA asked in Civil Rights and Health Care Law for Pennsylvania

Q: I have found that someone added a medical condition that I do not have, in my record.

This has impacted my ability to receive care. Although I asked for it to be removed, it keeps being re-entered, with additional false information added. I have had to go to a doctor outside the hospital network and have had to pay out of pocket for care. It has been five years and I am still seeing this false entry in my chart. Since it has caused pain and suffering as well as defamation of character, do I have a lawsuit?

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2 Lawyer Answers
James L. Arrasmith
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  • Estate Planning Lawyer
  • Sacramento, CA

A: In situations where incorrect medical information in your records has adversely affected your access to care and caused financial and emotional distress, you may have grounds for legal action. The persistence of false information, despite requests for correction, and the resulting negative impact on your ability to receive care, could potentially form the basis of a lawsuit. These cases can involve claims related to negligence, invasion of privacy, or defamation, depending on the specifics of how the misinformation has been used and its effects on your life.

It's crucial to document all communications with the healthcare provider regarding attempts to correct your medical records, as well as any direct consequences you've faced due to the erroneous information. This documentation can support any legal claim you may pursue. Consulting with a lawyer experienced in healthcare law or personal injury would provide you with an understanding of your rights and the viability of your case based on the evidence you've gathered.

Taking legal action can be a significant step, so it's important to weigh the potential outcomes and the emotional and financial costs involved. A legal professional can also advise you on the possible time frames and what compensation might be relevant to your situation. Remember, the goal of any action would be not only to correct your medical records but also to address the wider impacts the errors have had on your life.

1 user found this answer helpful

Tim Akpinar
Tim Akpinar
  • Little Neck, NY

A: It's possible, but a law firm would probably want to investigate further and learn details about how the information made its way into your records. One option would be to try to set up a free initial consult with attorneys in your state who handle healthcare-related law. It would be important to discuss in detail with attorneys how such a matter would be handled and whether it would be cost-effective to pursue, because if it would be handled on a non-contingency basis, that could mean paying hourly fees out of pocket. Good luck

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