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Do ALL Malpractice Lawyers have the "expertise" to litigate for a plaintiff against a Hospital/Doctors for Record Tampering etc?

Business 3 views 4 answers
If a Malpractice case is initiated against "doctors", "hospitals", "nurses" etc.. If a Plaintiff/Victim can also prove in addition to the malpractice, abuse, neglect etc.. If the Patient can prove that the records were Tampered/Altered in anyway where does she take the findings of Criminal, and/or Civil Legal Help for example: Can One Malpractice lawyer handle both of these wrong doings as One Case, or is a Fraud Lawyer needed in addition too? Lastly, where does a plaintiff go with the "proof" to pursue the case? is Federal or NY State better? Which court will aggressively "help" the plaintiff seek accountability, justice. Medicare Part A also was charged for a inappropriate inpatient hospital stay, inappropriate medications (numerous) and Inappropriate "treatment" that caused Patient Harm. etc...

Attorney Answers

4
Philip Fabiano ·
If you have a viable medical malpractice action demonstrating the records were altered in a way material to your case can improve your prospects of being successful in your case and typically will have the effect of increasing the verdict. Your malpractice lawyer can handle that. Not sure what a "separate" claim for altering the records gets you even if one is permitted. I am sure there are state agencies and the federal government if they are paying for the expenses would be interested in record tampering. Action by the state or federal government does not directly benefit you, i.e. no payment is made to you.
0 upvotes
Fred Isquith ·
Like most people who orders have strengths and weaknesses and that every lawyer is equally proficient in every port of every technical question
0 upvotes
Steve Newman ·
The attorney filing and prosecuting a medical malpractice case has the expertise to deal with evidence that medical records have been tampered with or destroyed. The legal term for altering or destroying potential evidentiary material spoliations. At trial plaintiff’s attorney could ask the judge to include a spoliation charge such that jury members could contemplated whether defendants alerting of evidence is an indication that defendant was tampering with evidence in order to conceal his or her medical malpractice.
0 upvotes

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