The falsification of medical records is not very common in the medical community for a number of reasons. Physicians who falsify medical records risk felony charges, losing their license, and punitive damages. Though falsification of records is not necessarily grounds for a medical malpractice suit, it can occur during the course of a suit. Here’s what you should know about your medical records and medical malpractice.
Falsified Records and Medical Malpractice
The falsification of your medical records in and of itself would not be the grounds for a medical malpractice case. Even if your records were falsified, as long as a reasonable standard of care was met, you would not be able to claim medical malpractice. You would of course have other means of recourse, because the falsification of records is an actionable offense. This would involve a civil remedy for any losses you suffered as a result of this action.
The falsification of records could potentially come into play in a medical malpractice suit not as the basis for the suit but as a result of the suit’s filing. The physician may attempt to cover up their wrongdoing by altering records to fit their version of the story. This is very difficult to do, especially in large, institutionalized setting. Aside from the fact that it is a crime, falsified records will conflict with billing records and any copies of records that were distributed prior to the fact. Forensic experts are trained in the analysis of medical records and use forensic analysis to determine whether records have been falsified. It’s very likely that these actions will be discovered. If anything, this will only help strengthen your case, as it makes it clear that the physician knew that an action they took was incorrect and needed to be hidden.