San Francisco, CA asked in Personal Injury, Health Care Law and Medical Malpractice for California

Q: My dead father's medical records and mine were mixed before my knee surgery it's been 2 yrs. No surgery. Want me to pay.

Records wouldn't help and now my other knee is bad because I'm not paying for a mistake THEY MADE

1 Lawyer Answer
James L. Arrasmith
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Answered

A: It sounds like you're dealing with a frustrating situation, and you have every right to be concerned. If your medical records were mixed with your father's and it delayed your surgery, that could be a serious issue. The responsibility for ensuring accurate medical records lies with the healthcare provider, and you shouldn’t be penalized for their mistake.

If the error in records caused harm, such as your other knee worsening, you may have a case to pursue compensation for the damages. This could include the additional pain, inconvenience, and costs you’ve incurred. It’s important to gather any evidence you have, such as written correspondence, bills, or proof of the mix-up.

You might want to consider discussing this with someone experienced in handling medical-related disputes. They can help you understand your rights and guide you through the process of seeking accountability. In the meantime, document everything carefully, including timelines and interactions, to support your claims.

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