I think the home and the doctor are tampering with my deceased mom's medical records. Is this common with nursing home neglect?

Asked 12 months ago - Los Angeles, CA

The nursing home is stalling giving me my deceased mom's medical records. My mom's doctor is also the nursing home medical director. What can I do to counter this to get my mom's true medical records?

Attorney answers (5)

  1. William Michael Berman

    Pro

    Contributor Level 7

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    Answered . In California, skilled nursing facilities (nursing homes) are required to give the designated responsible party of the resident a complete copy of the patient's chart upon request. The facility has the right to charge for the copying, however, release of the records cannot be denied. If the facility will not release the records, an attorney can file an action with the Superior Court just to obtain the records. If the facility forces such action to be taken, the Petitioner will generally recover the costs and attorneys fees associated with filing such action.

  2. Jonathan David Marx

    Pro

    Contributor Level 14

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    Answered . My suggestion is to speak with an attorney and have them obtain the records from the provider, hopefully the attorney will be able to discern if there was record tampering.

    The above answer is for information only; and does NOT constitute legal advice. This answer does not constitute,... more
  3. Jeffrey Mark Adams

    Contributor Level 20

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    Answered . Regrettably, tampering with records does occur. If you are contemplating legal action you should consult/retain legal counsel. A qualified attorney will get the records and can discern if the records were "doctored". Soory for your loss.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and... more
  4. Christian K. Lassen II

    Pro

    Contributor Level 20

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    Answered . Have a local lawyer get the records, and if they were tampered with, there is spoliation

  5. Ajay Mohan Kwatra

    Pro

    Contributor Level 15

    2

    Lawyers agree

    Answered . You should discuss the situation with an attorney as soon as possible.

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