Oakland, CA asked in Medical Malpractice for California

Q: I've discovered varies diagnoses that were not discussed with me. This has caused me to receive unfair health care.

Misdiagnoses: Initially self-diagnosed as bipolar, later concluded not to have the condition. However, my medical records inaccurately indicate an active diagnosis of bipolar disorder, agoraphobia, unhealthy substance abuse, despite evidence to the contrary.

Medication Issues: Prescription abruptly reduced from 90 pills to 32 and placed on an opioid monitoring program. Constant medication refill delays. Despite escalating pain, I've been consistently denied additional pain medication. Recently experienced 3.5 month delay in treatment. Current being pressure to choose another provider but I'm running into roadblocks. I have HIPAA violations concerns as well. Do I have a case?

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1 Lawyer Answer
James L. Arrasmith
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  • Sacramento, CA
  • Licensed in California

A: Based on the information you've provided, it seems that you may have grounds for a legal case due to several potential issues:

1. Misdiagnosis and inaccurate medical records: If your medical records contain incorrect diagnoses that don't align with your actual condition, this could lead to improper treatment and negatively impact your healthcare.

2. Unfair treatment regarding medication: The abrupt reduction in your prescription and consistent delays in refills, despite your escalating pain, may be considered improper care. The pressure to choose another provider and the roadblocks you're facing could also be problematic.

3. HIPAA violations: If you suspect that your protected health information has been mishandled or disclosed without your consent, this could be a violation of HIPAA regulations.

Under California law, you may have a case for medical malpractice if you can prove that the healthcare provider's actions deviated from the accepted standard of care and caused you harm. Additionally, if your privacy rights under HIPAA have been violated, you may be able to file a complaint with the Department of Health and Human Services (HHS) Office for Civil Rights (OCR) or pursue legal action.

However, it's essential to consult with a qualified attorney who specializes in medical malpractice and healthcare law in California. They can review your case's specific details, gather evidence, and advise you on the best course of action. Keep detailed records of your interactions with healthcare providers, any documentation related to your diagnoses and treatment, and any evidence of potential HIPAA violations to support your case.

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