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Is falsification of medical records by doctor/hospital a crime?

Pleasanton, CA |

Also, I am looking for a lawyer, San Francisco Bay area, who can represent me in a lawsuit against my doctor for falsifying me medical records and I want to file charges, if it is a crime. I am able to prove that my records were changed. If I sue on my own, which law covers this and should it be filed in State Court?


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Attorney answers 1


There are a number of crimes that could apply where the evidence established that a physician purposely falsified medical records with a specific prohibited intent. For most potentially applicable criminal charges the elements of purposefulness and intent are critical to establish criminal culpability, but I can think of some potential crimes that could rest on recklessness in preparing medical records. But you cannot file charges for any of these crimes. Only the prosecutor can file criminal charges.You can only cause your evidence to be submitted to the prosecutor for consideration of criminal charges.

You can potentially base a civil suit on false or erroneous medical records if you can show that you were damaged by the false records.The showing of causality as to your damages can be expected to be a challenging evidentiary burden.

There is no question but that you will need skilled and specialized counsel to successfully sue on such allegations. Check here on Avvo for attorneys who practice medical malpractice or professional liability law in the Bay area. You should seek a no-cost consultation and find an attorney that will agree to represent you on this matter on a contingency basis where the attorney gets paid only at the end of the lawsuit and only if it is successful. A lawsuit on such facts would be prohibitively expensive on any other fee basis. Expect this case to be vigorously defended and to take a few years to resolve if it survives the defendant hospital's procedural objections. If you cannot find an attorney to take it on contingency,understand that to constitute an informed consensus determination that the lawsuit is unlikely to succeed and cannot be justified by the considerable costs of maintaining the suit.

My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.



I too have a question i filed a complaint with OCR for my HIPPA rights being violated because the hospital gave my info to an ACS worker after i came in after being attacked it was a felony assault they gave my blood alcohol content and my child was taken by ACS so i filed a complaint and stated i have a court case because of this a year and 4 months go by and in court i found that the hospital retaliated against me furnishing to the court falsified medical records now alledging they found beside the alcohol drugs and now im having a hard time being reunited with my son. I dont do drugs i need help filing a lawsuit because this as you can see has hurt me with there retaliation the ACS worker was given my full blood work in the beggining no claims of this nature ever came forth untill after i made a complaint with the hospital.