Is it possible to correct invalid information in a medical record?

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My sons father lied to my sons primary care physician. It now states in my childs medical record that his mother (me) has bi-polar disorder and violent tendancies. This is completely untrue. I have NEVER been diagnosed with bi-polar disorder. How can I have this removed from my sons medical record? Can I press charges against his father for lying about me like this??

Attorney Answers

3
Dana Moss ·
I would need answers to a number of questions before I could effectively answer your question. Even so, if you have authority to act on your son's behalf in regards to medical issues, why don't you correct this information the next time you take your son to the doctor? Patient medical records are confidential under HIPAA. Therefore, there is no danger that this will defame your character in the public eye. As far as pressing charges, lying is not a crime, unless a person is under oath subject to perjury or a person files a false police report.
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Mark Thomas ·
There is a federal law right for a patient to be able to amend their medical record (HIPAA law) in order to correct errors. If your son is a minor and you have parental rights, you can act on behalf of your son to correct the medical record. If your son is an adult, your son can make the corrections, or authorize your access to his records to correct it. As far as a lawsuit against your son's father, you could sue him, but you would be required to prove some tangible financial harm that you suffered directly due to the misrepresentation (e.g., you lost your job, your health insurance was terminated, etc.).
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David Bradley DohnerCriminal Defense AttorneyHallandale Beach, FL ·
I was just letting my mind wander trying to get creative with respect to what various actions or avenues of legal relief you might have available to you (which is an entirely different issue than whether they are viable enough, which is to say - likely enough to be resolved in your favor, that you might wish to pursue any, some, or all of them. This is not the first time that I have seen something like this occur. In some of my nastier divorce/custody cases I have previously seen one parent try to "plant" something of this nature in one or more of the couple's children's medical file(s). I don't like to share my more creative approaches to problems like this with, well, frankly, my competitors. But I can say that I have turned it around on the parent who took such a stupid, childish, and, ultimately, irresponsible action through his son's or daughter's medical records. Let me ask you this: what is the current state of your dissolution of marriage and/or custody/timesharing/visitation arrangement. Were you at one time married to one another, or was that never the case? I would need some more specific background of a fairly general nature, but after acquiring same, I can probably propose a few solutions to you which you will find effective. Good luck. I've been through it, too. Nothing fun about it. Just keep putting the kids first, as I am sure you do. Best, David B. Dohner, Esq.
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