My husband had a shoulder injury at his work about a year ago. After this, he had surgery and medical care, which was covered by workers comp. Well, flash forward to a few months ago. We decided to pick up his medical records. In the records, they had several details wrong. They got the date of the surgery wrong, the type of surgery, the type of injury, his medication list (it listed antipsychotics that he has never taken) they even got his social security number wrong. Is this means for a malpractice lawsuit? What steps should we take next?
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Maybe they accidentally gave you the wrong medical records. I would call his doctor office who did the surgery and let them know. I don’t think you can file a malpractice lawsuit for that ( I could be wrong).It could be just an honest mistake
Help a mama out and respond anonymously on our forum. Should we sue my husbands doctor? - Mamas Uncut
Can he use his arm still? Like if the surgery was successful why would you sue?
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Unless this information led to him being harmed then I don’t see how it’s a question🤔
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It sounds more like a clerical issue than medical malpractice.
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That’s a clerical problem not a malpractice problem
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Sounds like you got someone else’s file
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If his surgery was fine then you have no reason to sue. They may have put the wrong medical records in his file. You would just contact the provider and have them correct their records.
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I would request in writing (listing the incorrect items) that his medical record be corrected
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A malpractice claim exists if a provider’s negligence causes injury or damages to a patient. I didn’t read anywhere in your post that your husband was injured. Insurance fraud or something shady absolutely but a malpractice, no. Why would you want to sue is the real question? Workers comp paid out for the surgery 
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It may be that someone has the same name as he does. That happened to my Momma and they had to use her ss# because they also had the same birthday
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Best option is to contact attorney and ask them if you have a case or not.
I would have them correct it just incase you need disability for it later.
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Not medical malpractice. Billing/clerical is a whole entire separate issue
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For malpractice lawsuits you have to prove that it effected his quality of life.
What are you suing over? It was paid for, he had his surgery. If he’s alive and well let it be.
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if not malpractice definitely insurance fraud.
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If everything is wrong, including his social, it’s highly likely they didn’t pay attention and pulled the file just by the name and gave you someone else’s file with the same name. Which is a HIPPA violation
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That’s not malpractice. 1. Call the office & make sure they didn’t get him mixed up with another patient
2. Submit a request, in writing, to have the information corrrected
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I would contact medical records and ask if they have a different record with his social security number on it. There are people who have the same name/birthday! I went to college with a girl and we had the exact same name, spelt the same and everything and the same exact birthday, but we were in different degrees and still got some of our records messed up
The world we live in is so sad 
Your trying to ruin someone’s career and life because the records are wrong!! Talk to the people you get the records from and have it fixed… no need to destroy a person’s entire life over some paperwork that can easily be fixed…
I could see if he actually did something to harm your husband during surgery but paperwork smh
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This is something that you need to take up with medical records because someone charted the wrong information & mistakes do happen. However, this isn’t a malpractice issue.
Just call, ask for medical records & tell them that there has been a HIPPA violation and you want your husband’s medical file fixed.
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Sounds like a clerical issue, not malpractice.
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Maybe you got the wrong persons record… Same name and birthday but different person…
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I would contact the drs office and tell them what you posted here. Malpractice means you have to prove “harm” through neglect, usually. Where’s the harm? Where’s the neglect? Sounds like a clerical error, WHY in the world would you sue for that?
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It’s nothing you would win money for. If anything, the insurance company would have the best lawsuit out of the situation.
Sounds like a mixup in records if you ask me, but there’s nothing you can sue for if the surgery was successful and he didn’t die or anything… I could be 100% wrong but that’s just my opinion.
Yeah gonna say wrong file with someone who shares name and possibly bday. You cannot sue for that. If your hubby is fine anyways why would you want to? Selfish and horrible.
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What is it that you are trying to sue for? I mean did this mixup harm your husband medically? Or are you just seeing dollar signs for a clerical error?
I tell you what, go talk to a lawyer to see what they say. 
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Nope probably a HEPA violation.
Idk about sueing but I definitely need 2 get the records straightened out. If they have the wrong social they have the wrong info.
This has to be in America right? Sue for everything 
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This one’s a joke, right?
An injury covered by Workers comp with a positive outcome but you’re thinking of a lawsuit because of documentation?! This world just has me shaking my head these days…
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So who you gonna sue the receptionist that wrote the wrong surgery date down …and for a malpractice lawsuit he had to of done something medical wrong to your hubby …poor paperwork don’t count
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Nope but I would notify administration of the facility that gave you the records and ask for a explanation.
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That’s not malpractice, that’s poor medical records and billing fraud……or a HUGE issue of wrong charting and now a HIPPA violation releasing someone else’s information to you and your husband.
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If you had no actual damages, you don’t have a case. You can cal a malpractice attorney,but if there’s no money, they aren’t going to take the case. Call the office & get the records corrected
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We live in a litigious society.
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You sound stupid
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If it’s the wrong SSN are you sure you have the correct documents? I’d start there
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No, that is not malpractice. Sorry to shoot those dollar signs out of your eyes.
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Not malpractice. Just poor record keeping. Records are protected under HIPPA so no one can get info with authorization so unless your husband has a medical issue that would need to be corroborated with the inaccurate details, I really don’t see a problem… Except maybe find a more competent practice.
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You’re not likely to win any lawsuit at all, unless there’s actual physical harm done as a result of what he had done. That said—I’d make sure they didn’t bill the company for someone else’s surgery, and I think they may be in violation of HIPAA if they gave you someone else’s medical records, so there’s that. Suing isn’t going to reap you the rewards you think it might, and chances are good no lawyer would accept you as a client with that mess.
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Sounds like another patient with the same name to me
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No… not a reason to sue at all. Just ask them to check and correct the details. Reasons for suing would be gross negligence, performing the wrong surgery etc. To potentially sue a doctor for this would be so wrong when its easily fixed.
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Did the mistakes have an adverse effect on your husband healing?. Or are you looking for a quick coin??? You should know the answer to this if you’re an adult and reasonable human being!!!
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Sounds more like a HIPPA violation with every detail being wrong, but that would be for whoever’s records they did give you… unless they gave the other person with your husbands name his records. Take it back in and let them know and ask what’s up.
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They may have given you some body’s else records. Wrong records
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Sounds like you are just looking for money 
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Sounds like wrong persons medical record.
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Ok so what’s the issue
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This happened to me they gave me the wrong documents all I had to do was go back in there and let them know. They apologized and handed me the right ones. Just go back and ask for the right documents. They probably mixed it up you can’t sue them for that, that’s ridiculous
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Some of y’all are super rude… it sounds like it could be billing fraud. Contact the billing at the hospital and contact your insurance to make sure the bills add up
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Unless they did a treatment he didn’t need get over yourself you won’t win.
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Look up what malpractice is sweetie. Medical negligence would qualify for a suit, not this. You sound money hungry.
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You sound sue happy to me and you didn’t even pay for his services. Malpractice is when negligence on the doctor’s part causes injury or death to the patient. Are you even sure you got the right records? Do you realize there can be multiple people by the same common name and birthday, i.e. John Smith. The SS# would be my clue. Maybe mixed up charts…duh…put your sticky fingers back in your pockets . It’s greedy people like you that make medical expenses and insurance premiums over the top. To error is human… greed is ugly. 
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Sounds like maybe the wrong record. Which would be a HIPPA violation for the healthcare facility.
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Why would you even consider suing? Your husband didn’t get hurt bc of the mix up in the records. You aren’t out of any money bc it was workmans comp anyway.
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That’s not a malpractice case. He wasn’t injured by the doctors negligence.
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Someone made a non-deadly mistake. Think about if that was your mistake on a bad day and a customer suddenly tried to sue you a year after said mistake.
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It sounds like you picked up the wrong medical records. Perhaps for someone else with the same name?
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Plus a lot of mistakes like that come from bad handwriting from patients who fill out paperwork. I doubt a doctor’s office has someone that incompetent working. If it’s even a possibility it was due to bad handwriting, don’t do it. I mean, don’t do it anyway, but ya know.
Years ago they cut my dad’s leg of in wrong spot, in Louisville Ky. Lawyer’s do not want to go against hospitals or doctor’s…
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Aaaah the wrong ss# would be a first clue of maybe they gave you the wrong records!! You sound money hungry or sue happy ! Ug smh
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sounds like a human error, they gave you the wrong PHI not a big deal, just go get the correct records.
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Not medical negligence. Sounds like insurance fraud. You have no grounds for a suit but the insurance company probably does.
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Over wrongly printed records? no. Malpractice would be if he actually had a surgery he did not need or they misdiagnosed him in the hospital or they gave him the wrong medications not for printinh the wrong information on medical records.
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Or they got the wrong medical records attached to his name, or there is another person with the same name.
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Tske that dudes records back and get your husbands, dont be a d word
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Talk to the best lawyer you can find
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Sounds like a whole wrong person.
Like maybe someone out there has your husband’s records
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What damages resulted from clerical errors? Your husband wasn’t injured, neither you nor him suffered as a result, there was no medical negligence, etc. Therefore, you cannot and will not be able to sue for compensation as a result. Is it possible you grabbed the wrong medial records? Have you attempted to reach out to the hospital prior to looking into a medical malpractice suit?
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Anyway about it shouldn’t have happened
I don’t think you would get anywhere if you try and sue. Unfortunately human errors do happen and we cant get rich off of them.
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Sorry not malpractice sounds like you picked up the wrong records possibly.
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that’s not malpractice. HIPAA violation maybe since that may very well be information of another patient. But definitely not malpractice.
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Google malpractice definition. If you could sue for having the wrong info on your file the nsw police force would be broke
That means you got the wrong medical records and need to go get the correct ones. Swearrrr people are always looking for dumbass excuse to sue and try to make a buck
It’s very hard to sue for malpractice. If the person is currently doing OK etc. It has only gotten harder and harder to sue doctors for any errors. Maybe it was the wrong paperwork. Just the same name.
Sounds like you just got the wrong records. Talk to the hospital about the mistake first
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I can almost guarantee that there are two people in the system with the same name. If I were you I would contact the doctor and tell them about the mistakes. It’s sounds more like a HIPPA violation
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Sue…really? Call the medical group and ask what happened… Somebody prob put in the wrong coding. Unless that was done to bill Ins more
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More than likely sounds it’s someone else’s records so no you can’t sue for malpractice.
Dude what? You talk directly with the clinic it could be simple mixups… but malpractice? It sounds like you’re grasping at straws to get u some free money.
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N FYI this definitely wouldn’t win in court NOW for the person who’s records that you got they can definitely sue and win for a hippa violation but u and ur husband nope you just need to get the correct records. You honestly cannot be that naive or possibly that stupid to think that those were your husbands records with all the wrong history especially after noticing the wrong ssn number. Like cmon woman you just want a payout that’s all it’s about in the end
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More people need solid moral compasses.
This is insane to even try to process why you would think you have a case when there are people out there who legitimately have a case.
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… you’re joking right
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You can try. It’s not easy to sue a medical facility. I’ve tried. Lawyers don’t like cases unless it can draw media attention.
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It’s a clerical error. You’re obviously money hungry. 
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If you need a couple dollars just post your $CashApp! We can all send you $1
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You left out the most important information. How is your husband’s health? Did he recover fully/partially? Does he have limited mobility? These are all rhetorical of course but bottom line, you’re clearly more concerned with the wrong details.
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Is he dead/dying/hurt?
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This post reeks of desperation. Get some morals
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You’re an idiot 
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When I was pregnant with my first baby, my OBGYN was thru a certain hospital, her office was there too! I had a horrible pregnancy and ended up in the ER a few times, on the last trip there, we went to ultrasound and came back and someone else had been put into my ER exam room. I got transferred immediately upstairs to Labor and Delivery for observation and further assessment and by the time I got up there they had the wrong name on my file, had basically updated most of my info to that new patients and had all the meds they gave THAT patient in the ER listed as meds they gave to me. I was passing kidney stones and was going into surgery and the surgeon wouldn’t give me very much pain relief bc the chart showed that I had gotten an astronomical amount of pain meds, Valium, muscle relaxers and tranquilizers (like morphine and dilaudid) downstairs!! It was terrible and took forever to get it straight… we never felt comfortable there again and switched Drs and hospitals immediately, mid pregnancy. I was high risk both times and had an extensive file and I just didn’t understand how this could happen. Nowadays everything is digital and there’s no good ole black and white paper work to back anything up. I was just told it was a clerical issue but I def suffered a lot of unnecessary pain and etc bc of it. And then they started to think I was an addict bc I was begging for pain meds and they thought I had already been given a ton! It was awful, I did not trust them to deliver our baby after that! No way not at all! But still, it’s considered clerical and not medical persay bc the drs have to go by the chart since the patient switches departments sometimes. Sad but true and no we didn’t sue. We just left and found a more competent hospital and a wonderful dr. Who delivered both my 1st and then my 2nd baby. Unfortunately “malpractice” I think has been hazed over and the majority of people think everything is on the Dr. I mean when all they have to go by is the chart that was typed in by a medical assistant, clerical worker or possible nurse ya know. It’s crazy I know 
Are you sure they printed off the right records? Its hard to file to work comp with the wrong ssn
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Unless he was injured because of the mistakes, then you’re not gonna get anywhere
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Lmao… uhhh its a paperwork issue… call the office and talk to them about it.
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sue for malpractice over a clerical error? thats insane.
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