For many people, it seems that the falsification of medical records automatically falls into the legal theory of medical malpractice, but that is not entirely true.
The truth is, just because the words “medical records” include the word “medical” does not necessarily make every doctor who falsifies medical records liable under the theory of medical malpractice.
However, in no way does it mean that the falsification of medical records cannot be grounds for a medical malpractice lawsuit. “As long as a reasonable standard of care was met, you will not be able to hold a medical professional liable under the theory of medical malpractice even if he or she meddled with your medical records,” says our Miami medical malpractice attorney at the Dante Law Firm, P.A. Let us explain…
Before we get started, let’s define what the falsification of medical malpractice really is. Falsifying medical records, which is a crime punishable by law in Florida, can involve any of the following: meddling with, altering, changing, exaggerating, or in any other way modifying medical records with the intent to deceive other persons.
Doctors, physicians, surgeons, nurses, and other medical professionals and healthcare providers who are caught falsifying medical records face felony charges and may get their doctor’s license suspended. In addition to that, the court may impose punitive damages.
While the falsification of medical records does not automatically give you legal grounds to file a medical malpractice lawsuit, it can actually occur during medical malpractice litigation. “That is because some doctors may attempt to cover up their illegal acts, negligence, or other wrongdoing by altering records and aligning them with their version of the story,” explains our experienced medical malpractice attorney in Miami.
Meaning: the falsification of medical records is often the result of the filing of a medical malpractice claim, rather than the basis for the filing.
Falsification of medical records can occur in all types of situations, including but not limited to personal injury, wrongful death, medical malpractice, and many other. Proving that medical records were falsified is not necessarily difficult if you are represented by one of the best medical malpractice lawyers in Florida.
Here at the Dante Law Firm, P.A., our attorneys remind readers that if you believe that a medical professional falsified your medical records, you may be entitled to start an independent civil action against that doctor. Fraudulent concealment or spoliation of evidence is a serious crime in Florida, which is why you need a skilled lawyer to help you find evidence.
More often than not, the court may require the testimony of forensic experts who are trained determine whether records have been falsified via forensic analysis. If you have any reason to believe that your medical records were falsified in a medical malpractice lawsuit, establishing the fact that the records were altered, meddled with, or in any other way falsified will strengthen your case, as the doctor in question most likely wanted to conceal his/her negligence or error in order to escape liability.
If you have any reason to believe that your medical records have been altered, falsified, or are incomplete or inaccurate, do not hesitate to speak to our Miami medical malpractice attorney at the Dante Law Firm, P.A. Call at (305) 949-2526 or complete this contact form for a free case evaluation.