Medical Malpractice Please help! Inaccurate medical records

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Songbird

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Please Help! The nurse of our Primary care physician entered a false diagnosis of Lupus and connective tissue disorder in my husband's medical file in order to have blood work done and submit it to our health insurance company. My husband only became aware of this when he recently applied for life insurance and he was denied because of this ( as noted by the life insurance company in the letter that they sent). What recourse do we have? We live in Florida.
 
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How do you know that it is a false diagnosis?

Have you talked to the person who entered this into your medical records?
 
Reply to Seniorjudge

My husband and I spoke to the primary care physician, we went through my husband's medical file together, we found the inaccurate entry together, the physician questioned the nurse about the entry in the medical file right in front of us. She said that she had to put this diagnosis in because that was the only way the insurance company would cover it. The doctor asked her if there was any other way because this was "backfiring". She said "no".
 
Songbird said:
My husband and I spoke to the primary care physician, we went through my husband's medical file together, we found the inaccurate entry together, the physician questioned the nurse about the entry in the medical file right in front of us. She said that she had to put this diagnosis in because that was the only way the insurance company would cover it. The doctor asked her if there was any other way because this was "backfiring". She said "no".
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Well, yes, there is another way.

You all could pay for the blood work.

But what did the blood work show?
 
reply to Seniorjudge

The blood work was normal. If we had had any idea an inaccurate diagnosis would be used to justify billing our insurance company for services, we would not have agreed to or followed through on those services. This situation is less about the cost of bloodwork as the ramifications of an inaccurate diagnosis. It affects getting life insurance (as has been already demonstrated) and future health insurance options as we approach retirement. It could potentially affect future health care in an emergency,etc..
 
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You see, I've done all that.......and I know that medical records by law cannot be changed or expunged.....just responded to in writing as an addendum to the original.....and that the physician can choose to respond or clarify what is in the file......but that doesn't change the fact that it happened at all.....and it looks ridiculous and would leave anyone examining these files perplexed at best. How do you make sure this stuff doesn't happen again.....what is the failsafe........
 
There is no fail safe in this universe or in this life.:angel
 
So do you really think this makes you wise...... :angel ?.......or is it that you really don't have any background to answer any of these questions? :rolleyes:....... And if this is the best advise I can get on this website after a week, well never mind.......
 
Songbird said:
So do you really think this makes you wise...... :angel ?.......or is it that you really don't have any background to answer any of these questions? :rolleyes:....... And if this is the best advise I can get on this website after a week, well never mind.......
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I gave you accurate and correct legal description.

If you cannot do this on your own, then hire a lawyer.
 
Persistance pays off

25 years ago my younger brother was diagnosed as being asthmatic and having severe respiratory problems. As soon as he turned 18 he tried to enroll in the military and he was told that due to the severity ( according to medical records) of his respiratory problems he could not enroll. He was also unable to pursue a career in our local police dept. for the same reason. He then decided to attempt to pursue a career as a federal agent at the age of 20, he was declined for a diagnosis that was given to him 18 years prior. He had not any respiratory problems since he was 7 or 8. A SECOND AND THIRD opinion determined he at that young age was suffering from allergies. We FOUGHT tooth and nail to have the previous diagnosis reversed. WE WERE VERY PERSISTANT!!! The staff and doctors knew all of us by name because we called every day with whatever new info we could give them. We were never rude or hostile but we did let them know that their mistake would cost him a possible future as it already had. He would potentially lose out on not just another job but a career. I cant remember how it happened but in the end the his records show he is not asthmatic nor does he have any respiatory conditions. He is now a Federal Agent and has been for 7 years. THE PERSISTANCE PAYED OFF. :yes:
 
Thanks for your thoughtful input and insight on this matter. It appears, as you said, that persistance may be the key. My husband has seen several specialist and undergone several tests whose positive results clearly contradict the original false diagnosis placed in his medical file by a nurse. The original doctor has written a letter that refutes this false diagnosis and the letter and new test results have been placed in my husband's medical file. Now it's just a matter of reapplying to the life insurance companies and seeing what happens....that will be the real test. Wish me luck.:) This is not the first time that I or a member of my family have been victimized by the unethical and irresponsible behavior of medical personnel. MAYBE THIS TIME I NEED TO SEEK LEGAL RECOURSE.....ANY OTHER SUGGESTIONS OUT THERE? This, of course, does not ignore the superior work that most medical professionals do. But the improprieties of the few, I feel, must be addressed, not just swept under the rug. Their actions have serious ramifications for their patients as well as reflecting badly on the profession as a whole.
 
This is not legal Advice!


Hey,

Have you ever thought of explaining this situation to fully to you insurers and then telling them that you would not mind you husband going for a further test to show the first results were false. They also are well aware professionals make mistakes.

I am also a great believer that he who barks the loudest gets fed first. Insurance in Florida is very difficult and complex due to the fact it is a major pay out area. We wish you luck.

Take care

Mark.
 
Thanks for your input. I'm in contact with my insurance broker constantly and he is having an underwiting buddy of his evaluate each new test result and doctor's note that I've sent through to him. He's trying, but ultimately it will be up to the insurance company's underwriters to decide this matter. I won't hesitate to talk directly to the insurance company, if possible, to get this matter straightened out. if my latest attempts fail. Unfortunately, most insurance companies work through brokers and that is your contact person.......so we'll see.
 
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