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Is it illegal for a Dr (Veterinarian) to endorse the diagnosis of another Dr (in writing) based on review of latter Dr's records

San Diego, CA |

HOA Board wants a letter from Vet confirming my elderly dogs condition. I have the records re Diagnosis of severe progressive degenerative disc disease.. but board members want a letter- they say thy won't be able to understand records (They got confused when idiot Community Manager gave them records for wrong dog someone ELSE gave her...It gets complicated..) so BOD said "Just get Dr to write letter confirming special condition". Prob is vet that did extensive tests no longer practicing in CA. Vet Hosp has records but say another doc can't write letter- only the diagnosing doctor can. Said ANOTHER vet must do SAME tests again to diagnose permanent condition so THAT Dr can write letter to confirm HIS records. This means $thousands again for what is established! Is that the law or policy?

Attorney Answers 4

Posted

The Vet Hosp. is not correct, from a legal standpoint. They can have any vet exam your dog, review the file and confirm the diagnosis. That process is done all the time in persons and animals. Your other option is to provide the vet records to the HOA and tell them to hire their own vet to review the records. Finally, you may consider consulting with a lawyer familiar with how HOA agreements work and the rights and duties of a board and of residents. The HOA may not be in compliance with the rules of the organization.

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Posted

Hello. Thank you so much. It became so overcomplicated by too many middlemen and a profoundly incompetent community manager. I will talk to the vet hospital again now that I am a bit more informed. They were perhaps, being overly cautious knowing the 'letter' is for an HOA situation. I appreciate your detailed, informative response. It was truly helpful.

Robert Max Klein

Robert Max Klein

Posted

Thank you for your kind words.

Posted

This is not a malpractice question. Short answer is that experts are generally allowed to rely on hearsay and review what others have written in records. No, it is not illegal.

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Posted

Thank you for your response. I do understand it is not a malpractice question, but it was the closest existing 'category' for submitting question, Thank you again for input.

Posted

No this is not illegal.

Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.

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Posted

Thank you for your reply sir.

Posted

It sounds like the board is being difficult, but now law appears to be broken.

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Posted

Thank you for responding. Yes, the board is being difficult now, but they don't know it...letting the CM 'help' as liaison was disastrous. That said, could you follow up just to say what you mean by "but now law appears to be broken." .... BOD or me, or...? Thank you for your time either way!

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