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Monday, March 21, 2016
Wednesday, March 16, 2016
When Medical Records Lack Information
When medical records lack information this can be a
legitimate cause for concern. For
example, a patient experienced a serious complication from a medical
procedure. The complication subjected
the patient to a predictable risk of new injury. The medical records did not contain any
evidence of her doctors discussing the patient’s predicament or considering the
patient’s predictable risk of new injury.
The doctors opted to do nothing for the patient while awaiting surgery
the next day apparently oblivious to the predictable risk of injury to the
patient. The patient did suffer the
predictable injury within 5 hours and experienced a permanent injury to a
significant part of her body altering her life and abilities.
When the doctors were asked under oath why they chose to
do nothing, the doctors explained that they had considered another greater
“significant risk” the patient was facing based on a diagnostic process. The doctors claimed they must have discussed
the predictable risk of injury the patient faced but they could not remember
the details of these discussions or when the discussions took place. The explanation offered by the doctors under
oath sounded completely believable until one closely reviewed the medical
records and timing of events within the records cross referenced with the story
given by the doctors. It turns out the
diagnostic test relied on by the doctors never really reported the other
“significant risk” as claimed by the doctors.
Additionally, the medical records were silent about the claimed other
“significant risk” and had it actually been considered by the doctors, they
would have had to have informed other care providers and note it in the medical
record, which had never occurred. Nowhere
in the medical record had the other “significant risk” been recorded.
Rather than speak the truth – that the patient’s
predictable risk of injury from the procedure complication had been missed and
never considered – the doctors chose instead to fabricate their decision making
process. Why? The reason for this mistruth can only be
explained via a systemic culture of the hospital or the culture of silence
practiced by the medical community when things go wrong and patients are
unnecessarily endangered and injured. If
the doctors had admitted their lack of care, then the patient could have moved
forward and have their damages addressed.
But instead considerable effort and time had to be devoted to exposing
the “lie”, which only damages the reputations of the physicians and the
hospital. So if information is missing
in a medical record, it can be a legitimate cause for concern.
If you or a loved one have experienced an injury from
medical care and treatment – consult with an attorney as soon as possible. Please call the Randall Law Office
for a free consultation (866) 775-0082.
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