Should we sue my husbands doctor?

Sounds like no harm was done and they just accidentally put someone elses paperwork in his file.
Stop looking for a payday and let the clinic know

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As someone who sells life insurance he can be denied for some drugs so if he never actually was prescribed those you need to at least clear that part up.

That is not the definition of malpractice unless they did surgery on the wrong shoulder.

Malpractice lawsuits are extremely difficult to win. You have to proven intent to harm which is difficult unless you have someone with proof.

Are you sure you got the right persons records?

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Unless those wrong records caused some type of worsening illness or injury I donā€™t think you will get anywhere. Even with them having records they always triple check with the actual patients before doing any type of procedure so it would likely have been caught even if the records were sent to a new doctor. And itā€™s more likely you got the wrong records.

No. Medical malpractice would be when the doctor and pharmacy had a miscommunication resulting in my older brother being put in a coma and my mother having to decide to pull the plug on her 2yo son.
A few typos that can be fixed with a phone call is nothing.

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Maybe they got the same name but different SSN type of situation going on.

Iā€™m just going to leave this here

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That is not malpractice. That is mistaken records.
Go back to your docs office and let them know what happened and show them the papers yall were given. They can get the right files and then give you the right records needed.
You wont get anywhere with a malpractice lawsuit over mistaken identity records

Iā€™m assuming this is a joke since the clearly gave you the wrong personā€™s recordsā€‹:rofl::rofl::rofl:

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Thatā€™s incomplete documentation, I mean someone can still get in trouble just canā€™t sue

I had a stroke and it was caught after a second dr looked at me and did an MRI. My first dr flat out refused to do anything. A lawyer in my state said that unless you were physically worse than they couldnā€™t do anything. You wonā€™t get anywhere.

Clerical errors are not malpractice. Thatā€™s ridiculous.

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Not malpractice just someone at the front not doing their job properly., those cases are hard to win! I had gallbladder surgery back in 2018 and they gave me something I wasnā€™t suppose to have (some kind of pain med) and it nearly made me go into cardiac arrest and they never even put it into the records! That very day after I was in icu the nurse that did it was walking down the stairs and came next to my ex talking about it laughingā€¦ I would just mention it to the surgeons office that a lot of the information is incorrect.

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What was the malpractice?

Itā€™s not malpractice no doctors do there best by there patients at that point why would you take that person away from the good they are doing or could for world because someone at some point messed the numbers up did the doctors not fix the issue or. Something

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Sounds like different dude has same name as your husband and they just accidentally gave you the wrong recordšŸ¤·šŸ¼ā€ā™€ļø

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It sounds like they printed the wrong patients medical records. Take them back and ask for clarification.

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When I was a kid my doctor literally messed up my brain surgery. He did it wrong, my patch leaked, and I almost died. They had to redo the whole surgery and my parents still werenā€™t able to sue for malpractice. Itā€™s ridiculous what doctors can get away with. So unless his surgery got super messed up and the messed up details on the form means they did the actual wrong surgery on him, then no, youā€™re not gonna get anywhere.

You should get a workman comp attorney, if medical records are incorrect it will affect him his whole life. The attorney will contact your doctor and get them corrected. But itā€™s not a case of malpractice.

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Are you sure someone doesnā€™t have the same name? This happened to my mom when she was pregnant with my sister, another lady same name first and last was also pregnant. They had to go by middle.names and still got their records messed up. It took a bit to straighten it out

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I dont know why there are so many laughing emojis. I too have tried to sue a hospital for medical malpractice and itā€™s very difficult to do. My obgyn dr left placenta inside me when I had my son, then 3 weeks after having my son, I started hemorrhaging blood at home. Literally sitting on the toilet and just blood coming out and huge clumps of placenta, tmi Iā€™m sorry. A simple d&c 45 minute surgery turned into 4 hrs. She sliced my uterus during the procedure, water started leaking and she had to cut me in 3 spots on my stomach and blow me up with gas and get the water that was going though the cuts of my uterus before it went into my system and caused clots. Because all this happened they advised me to not have any more kids. I contacted a lawyer and it Literally took months and months for my ob to release my records. My lawyer even called them. When I finally got them everything they told me in the hospital wasnā€™t even on my records, and I went through every page and had to mark what wasnā€™t true. It was like it never happened, when I have lots of witnesses that say otherwise. I would say get you a really good lawyer! Hospitals and medical offices are very good at covering up their mistakes.

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It sounds like they mixed up charts. If their is some other patients info then that is a huge HIPPA violation.

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Sad to see , all people see are $ signs

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Well did you look at someone elseā€™s records with the sa.e or similar name?

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I donā€™t think this would be considered malpractice unless he suffered injury or adverse health conditions related to his care. This could however be a possible insurance fraud thing, if in fact they intentionally falsified information in order to make gains from insurance billing. Or, it could simply be a case of human and clerical error, which still isnā€™t acceptable but it happens, and thus needs to be correctedā€¦ but malpractice? No.

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Clearly you received someone elseā€™s paperwork, whoever gave it to you can definitely get into trouble but I donā€™t see how that effects you. If anything whoeverā€™s paperwork you have can probably sue and they should because that employee is just giving his social out to randoms.

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How is this malpractice? Sounds like yā€™all looking for another handout.

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No just have the information corrected !

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The only time malpractice is really considered is when someone dies and details dont add up between autopsy and hospitals records. Itā€™s really difficult to prove bc they have no issues lying on paper to cover their asses

Sounds more like a clerical error - doctors donā€™t do that!

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They could have givin someone elseā€™s file who had the same name. Happens to a family member all the time they have to go by there social security number

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Sounds like they gave the wrong record.

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It takes a LOT to win one of those cases. My dad won his but it was at the cost of my mom. The Dr really fucked up and she died. I was 3 at the time and have 3 brothers all within 2 years of my age at the time

It sounds like they gave you someone elseā€™s records. No you shouldnā€™t sue :roll_eyes: why is that the first thing people see is :dollar:? I would call the office and verify you have his records and when they tell you that you donā€™t return them. They need to self report it is a HUGE HIPAA violation.

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Was your husband damaged in any way by the paper work foul up.If he suffered no injury you have no case.

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If social is wrong itā€™s not his record. Sounds like someone else.

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Um, no. This is not malpractice. You clearly got someone elseā€™s records. Also no. This is not sue worthy

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If your husband is receiving compensation benefits, just make sure heā€™s receiving the correct monthly payments.

We arenā€™t lawyers so it would probs be best if you contacted a real lawyer to ask this question :woman_shrugging:t2:

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Make sure itā€™s not the wrong person with the same name it can happen more to do with the office not the doctor

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Thatā€™s not malpractice

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Why would you sue? Was your husband harmed in any way? Was his surgery unsuccessful?

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You need to have it reprocessed and appealed by claims with your insurance.
They need to do the appropriate investigation and correction for billing.
Unless he was harmed. You cannot.
I work insurance.

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First thingā€” is your husband still employed at the company, if so check with the person in charge of the work comp. See if the records are the same. Is your husband better after the surgery or worse.(I was the work comp nurse for a company for 9 years)You need to see if the surgery permit your husband signed was for the surgery he needed. Most of this depends on how yourhusband is doing.

Do you have the right file

It sounds like you got someone elseā€™s files, seeing as everything on it is wrong. Including social. Go back in and make sure you get the right ones.

Take fullback to Dr and ask for the correct one. Or call on phone and tell them about your concerns

Just fyi for all americans trigger happy to sue, THIS IS WHY INSURANCE COSTS SO MUCH

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I had a stroke due to dr negligence drs are so protected itā€™s really hard to get another dr to say they did snything wrong

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Why is everyone such a f ing a$$ h*le on this page. Nothing but :wastebasket:on here

Sue for malpractice? Noā€¦
Put them on blast publicly for poor organization and giving out PRIVATE info to the wrong patient? Absolutely! If they gave you guys the wrong file, who knows if your husbandā€™s file with ALL personal info will end up in someone elseā€™s hands! This is probably some sort of HIPPA violation.

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Malpractice is something that would be if he was hurt further during surgery. Getting info on paperwork wrong is not.

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Itā€™s not malpractice sounds like another patient with the same name. Get everything corrected and fix the information. Itā€™s Important for workmenā€™s comp

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Malpractice would be them hurting him in some way because of the surgeryā€¦ this is a HIPPA violation if anything. Just give those records back and get the correct ones. 2 people can have the same name.

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Maybe another pt with same name

Seriously? Donā€™t waste the courts time with this. Doubt youā€™ll win any kind of money as he wasnā€™t injured due to the negligence. Save the lawsuits for things that actually matter.

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For a lawsuit there needs to be an ā€œinjuryā€

How have these details ā€œinjuredā€ him?

Thatā€™s malpractice. Not just a mistake or negligence in record keeping.

They assign a dollar value to the injury ā€¦ like if those details impacted another surgery that went wrong or incorrect records created a dangerous situation.

Sounds like there has been no impact from the mistakes. So what would you sue for?

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There is no malpractice! The patient wasnā€™t hurt and the doctor was not negligient! Sounds like mixup of records. Please call the doctor and let the staff know. Please donā€™t jump to conclusions about lawsuits. Agree thatā€™s why insurances are so high. Use common sense.

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Sounds like someoneā€™s after some money :woman_facepalming: ur husbands well and was treated accordingly with his injuryā€™s !! Therefore thereā€™s no lawsuit needed .
I would bring ur concerns up and speak to the surgery and find out why so many things are wrong because itā€™s an issue and needs to be addressed due to confidentiality but not something u need to sue over :woman_facepalming:

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malpractice for what? misinformation? sounds like clerical errors to me. This is why you should read over everything.

Regardless of malpractice or not, I would simply be adamant they correct all his records, history and definitely those pharmacy meds! All these things simply canā€™t be left this flubbed up without the strong possibility of having a negative impact on health decisions and other issues later, especially since it was through WC. Good luck and what a mess!

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I would have a long talk with them. My mom almost died from a surgery because of something close to this.

Help a mama out and respond anonymously on our forum. Should we sue my husbands doctor?

Wrong Social it could be someone elseā€™s medical records

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Having the wrong records isnā€™t cause for aā€¦ :woman_facepalming:t2: give the other persons records back and re request the right onesā€¦

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I donā€™t think you could sue unless some physical damage was done during the surgery itself? My mom has a lot of wrong info in her records which is currently preventing her from getting the long term disability she needs and I donā€™t think we can even sue the docs for that.

No grounds for a lawsuit, but you should call the dr office and tell them you want the correct medical records. It sounds like they gave him records for someone with the same name.

For it to be malpractice, your husband would have to be injured due to the negligence of a physician. If anything this sounds like more of a HIPPA violation. Even then, it was not your husbandā€™s medical records that were disclosed to an unauthorized party. Sounds like you should contact the office, and have them look into it. Either way, there is likely no money to be gained from this. I could be wrong. Just my opinion.

If this is Sanger Heart and Heart institution that makes sense. Everything to do with those people is wrong they give you the wrong addresses to ultrasounds they even give you the wrong Suite numbers to their own offices. It is a joke!

Maybe they accidentally gave you the wrong medical records. I would call his doctor office who did the surgery and let them know. I donā€™t think you can file a malpractice lawsuit for that ( I could be wrong).It could be just an honest mistake

He didnā€™t cause harm to your boyfriend so itā€™s not medical malpractice, just go in and tell em they arenā€™t accurate ā€¦

I would think they got the socials mixed up. I would definitely let them know. Your Dr. probably doesnā€™t have anything to do with it.

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Could be the wrong recordsā€¦

Sounds like a bunch of typos or someone elseā€™s records. No payday for you.

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Some people are hard up to sue someone obviously

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If the SSN is even wrong it is possible you were given the wrong records. I would start with a phone call to the Drā€™s office.

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Thatā€™s not malpractice.

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Happens a lot, I got results for a mammogram I hadnā€™t even taken.:woozy_face:

Having the incorrect paperwork is not malpractice. If everything is wrong including the ss thereā€™s obviously a mix up.

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Consult a lawyer and not Facebook warriors

Honestly I would have them relook my sister was diagnosed with stage 4 kidney disease, and she went to see a specialist and he looked at her told her to redo the blood work and sure enough it was misdiagnosed. Go to risk management and talk to them about it and get it fixed if it doesnā€™t then you can sue for mixing up medical records and them giving you someone elseā€™s.

Noā€¦ No physical harm was caused.

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Help a mama out and respond anonymously on our forum. Should we sue my husbands doctor?

Help a mama out and respond anonymously on our forum. Should we sue my husbands doctor?

Sounds like you got someone elseā€™s records. So why not start there instead of trying to sue? Also that wouldnt be the doctors fault

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Make sure they gave you the correct persons recordsā€¦if so demand they correct the records as they are a permanent record

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Did you address it with the doctors business office? Was your husband physically harmed in any way? As appalling as this is, it seems like a simple mix up to me; not cause for a lawsuit.
When you bring (imo) frivolous law suits all it really does is cause insurance rates to go up, and doctors to get more expensive to cover the cost. Remember, too, they are going to lawyer up better than you ever could! Actually, let me clarify; medical groups and hospitals have high paid lawyers on staff.

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Call the billing department and have all the claims for the case sent for review. They have to review them. Thatā€™s all you can do for now. If the review is different than whatā€™s in medical record then you move forward with the insurance company. Contest the charges. Use those words if and when you call.

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What is your aim? to get money or to right a wrong? If you want to right a wrong (and emphasize that it doesnā€™t happen in the future), go to patient relations department and have an honest conversation. Make certain records are corrected. It can be done.

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My dad never had a prostate exam when he went in for prostate issues. Got antibiotics thrown at him for 3 months, and no better. Doc saidā€¦ ā€œheā€™s too young for cancer.ā€ My dad was 45. His PSA blood test was elevatedā€¦ " heā€™s too young for cancer." Wellā€¦ 2 months later after begging my dad to get a second opinionā€¦ he was FULL of cancer! All the doc did was a rectal exam and could feel all the nodules.
When calling the previous doctors office to file a complaintā€¦ we were askedā€¦ ā€œwhat are you wanting from this? Hes aliveā€¦right?ā€

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Everyone is so Sue happy. There must be an injury to sue. What is his injury that they caused

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Maybe they sent you the wrong records. If not, ask them to correct them. Not sure how this can be classed as malpractice as no one was harmed.

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Good luck , they misdiagnosed my dad and he died and no one could sue so I doubt you have a case.

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What would you sue for? Iā€™d try to get it straightened out. They didnā€™t mistreat your husband. They probably got him mixed up with someone else. Mistakes happen. You canā€™t sue a doctor for an issue with the medical records department. This is whatā€™s wrong with people.

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Did he get the right surgery? If so then it probably just a records mistake and you should get ahold of them to straighten it out immediately. But to start a lawsuit if a little too much. The doctor didnā€™t make the mistake. A clerk most likely did. And your lawsuit would get dismissed Iā€™m sure but it could still damage a good doctors career. Now if they did he wrong surgery then of course you have a suit. If they sent him those meds or gave them to him then you have a case. Sometimes people make mistakes. Everyone has their own personal universe from their own perspective. Lawsuits over small things like this ruin lives. I hope your husband didnā€™t get the wrong surgery or the wrong meds. Hope you get the records fixed ASAP

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Sound like they gave you the wrong records. Who ever the records actually belong to may have grounds for a lawsuit though.

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Iā€™ve had similar so we let the insurance co know or let Medicare know, social services should direct to the right compliant dept. I once had a temporary worker at a well known hospital- draw my blood and she hit the wrong place with the needle, she said to me that she was new, just came from China and use to be an acupuncturist, I then brought my complaint to the head of the lab, took down notes then looked for legal council and no lawyer would take me case- ā€œ said not much money for them to fight it, so I stayed for months in physical therapy.ā€

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Old nurse here. The chart is a legal document. It should be treated as correctly as your medical treatment. Be sure your husband is ok. Also be sure the records are corrected. They have misrepresented you. It should not ALL the mistakes you mention. A slip up is one thing. Be sure itā€™s your chart. You need to report this. It needs to be corrected! These charts are on other computer charts. Other medical people will read it and it can cause harm. For example with medications. I could go on and on. You are the patient. You are to be respected and your records ALL correct. Also if a person is charting this incorrectly they could be on drugs and harm someone.

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