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Lee
Lv 4
Lee asked in Politics & GovernmentLaw & Ethics · 6 years ago

Doctor claiming part of my medical record doesn't exist to hide negligence.?

I requested my medical records from my doctor after his refusal to premed me before a procedure resulted in the adverse event (syncope/seizure) that I warned him about and a preventable trip to the ER. He sent me a record that was missing page 1-4 of my intake form (the paper where you write your family history, drug allergies, etc.). The paperwork did, however, contain a clearly labeled page five of the intake form so there is some proof that pages 1-4 are missing. I am certain I also wrote on one of the first four pages of that form that I was going to have an adverse event unless measures were taken to prevent it.

I sent back another request for pages 1-4 and he replied that he sent me my entire record. Since he made no mention in his medical records of my warnings of an adverse event, those missing pages are the only written proof of my warning, except possibly my ER record where I also woke up saying "I told him this EXACT thing was going to happen and begged him for meds to prevent it."

I think he is covering for his negligence and trying to prevent a lawsuit by destroying portions of my record which make his negligence obvious. What is my legal recourse to getting the "non-existent" pages? Should I turn this over to HIPPA?

2 Answers

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  • 6 years ago

    HIPAA has nothing to do with this. You need to send another response in writing that states you did not receive pages one through four, but that you did get page five. Tell him this indicates there are four pages missing and would he please check again for the missing pages. Keep a copy of all correspondence, including yours to him.

    If you don't get the pages, it looks like it would have to be lawyer time. I can tell you, though, this is not going to be a big money case. How you will know this is that a lawyer may not take the case unless you pay him in advance for his time.

  • 6 years ago

    sue -- the discovery process will either find the records or demonstrate that he didn't do right

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