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Can You Sue for Inaccurate Medical Records?

Sophia Soraya

July 19, 2024

Medical records are key for capturing a comprehensive account of a patient’s medical history, treatments, and care plans. However, sometimes there could be inaccuracies in these records, which can have serious consequences. Recent research indicates that mistakes in medical care cause at least 251,454 deaths in the U.S. per year. Given the seriousness of errors in medical records, the law allows victims to sue for compensation if their injuries result from the inaccuracy of these files.

But what happens next if you want to file a medical malpractice lawsuit? The New Jersey medical attorneys at Varcadipane & Pinnisi, P.C. offer answers to this question and more. Read on to find out.

What Are Medical Records For?

Medical records are of the utmost importance when handling claims for medical errors. First, they provide healthcare professionals with all the details about a patient’s medical history. This information is essential to support decisions about a patient’s current and future care to reduce the risk of mistakes.

In addition, medical records act as legal documents that can be used in court to verify the care provided. They offer an objective account of the treatments and procedures performed, which can be essential in legal disputes.

Medical records are also necessary for billing purposes and insurance claims. They document the services rendered. This ensures that you have a document showing the medication costs for which to seek compensation.

Furthermore, medical records can be an effective defense against claims of medication gaps or omissions. Detailed documentation of prescribed medications, dosages, and administration schedules helps refute these allegations to ensure your claim for compensation stands.

What Are the Consequences of an Incorrect Medical Record?

The consequences of an incorrect medical record are known to be severe and far-reaching. These include:

  • Misdiagnosis, resulting in inappropriate or delayed treatment.
  • Medication errors may cause issues such as adverse drug reactions or ineffective treatment.
  • Substandard care, as clinicians rely on incorrect information to make decisions.
  • Patients may also face financial burdens due to incorrect billing or insurance claims based on imprecise records.

A lawyer will assess the loss and repercussions of the faulty medical records when filing a claim for compensation. They will ensure that the recovery sought covers the full impact of the error on your life.

Can I Sue for Inaccurate Medical Records?

You can sue if this incorrectness caused you harm. However, you must demonstrate the following:

  • The healthcare provider had a duty to maintain an exact health register.
  • The provider did not meet this duty by improperly recording your medical data.
  • The discrepant records directly caused you harm; for instance, cancer misdiagnosis leading to wrong treatment.
  • You suffered actual physical, emotional, or financial distress as a result.

Proving these elements may sometimes require expert testimony to establish the standard of care and how the erroneous reports led to harm.

Can I Have Access to My Medical Records?

Under the Health Insurance Portability and Accountability Act (HIPAA), you have the right to access your medical records. In addition to the right to amend your medical records, you can also request copies from your healthcare provider. According to the New Jersey Division of Consumer Affairs, the medical provider must comply within 30 days.

What Steps Can I Take If I Suspect Something Is Wrong?

If you suspect inaccuracies in your medical records, you may have to request a copy of your clinical history from your healthcare provider. Upon receiving the copy, review your records thoroughly to identify and correct any inconsistencies.

If you notice any flawed information that may have led to injuries, be sure to consult a medical malpractice attorney immediately. He will handle your claims and help prove how medical records inaccuracies caused harm.

Do Medical Records Help in a Medical Malpractice Claim?

Medical records are important resources in medical malpractice claims. They provide a chronological account of your medical care, which can be used to demonstrate what care should have been provided.

Importantly, these records are key in indicating where the healthcare provider deviated from the standard of care. This standard is the benchmark for determining negligence on the part of the healthcare provider.

Furthermore, medical records can also help establish the extent of your injuries and any ongoing medical needs. This information is crucial in calculating damages and seeking appropriate compensation for your losses.

Call a New Jersey Medical Malpractice Attorney for Legal Assistance Today

If you suspect that inaccurate medical records have caused harm to you or a family member, you need to seek legal assistance immediately. A New Jersey medical malpractice attorney from our firm will take up your case, evaluate your claim, and start building your case early enough. We will dedicate our time and skill to ensure that you get justice. Luckily, you will not have to pay anything until we win. Don’t wait any longer; contact us today to learn your options.

Sophia Soraya

Sophia Soraya is a seasoned attorney specializing in complex civil matters, with a focus on personal injury, professional malpractice, and product liability cases across New York and New Jersey. Sophia is a Partner with the Firm and has been selected as a Super Lawyers, Rising Star for consecutive years.

University: J.D. New England Law (Boston)

Bar Number: 000402013

Locations: New Jersey and New York.

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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partners, Jeffrey W. Varcadipane & Dawn M. Pinnisi, with more than 40 years of combined legal experience as personal injury attorneys.

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