5 Reasons Why You May Be Able to Sue for Incorrect Medical Records

While doctors and other healthcare professionals are obligated to act in the best interests of their patients, things don’t go perfectly all the time. Any incorrect, missed, or delayed diagnosis can have life-altering impacts that can be devastating to the patient and their family.

In addition to the complexity and difficulty that come with pursuing a medical malpractice claim, it can also be incredibly draining on your financial and mental well-being.

In general, a medical malpractice claim takes place when there is a breach in the duty of care to the patient or some form of negligence occurs, such as an error in medical records, which can have serious consequences resulting in injury or, in worst cases, death.

Unfortunately, these errors in medical records are not uncommon, and almost 1 in 10 people who get hold of their medical records often need to ask that they be fixed for any number of reasons. Some common examples of errors that can have adverse impacts on a patient’s health include:

• Transcription errors;
• Omissions from medical records;
• Incorrect information (for example, a diagnosis, scan, or lab result) being placed in a patient’s file;
• Inadequate information on patient history;
• Wrong or inadequate information regarding medications or allergies.

Due to these errors in medical records, a patient might suffer injury or even death. The following are reasons why you may be able to sue for incorrect medical records, which could potentially lead to a successful medical malpractice case in Canada.

1. Cause of death

In Canada, medical errors are a serious concern, contributing to as many as 28,000 deaths annually, according to the Canadian Patient Safety Institute.

This makes medical mistakes the third leading cause of death in the country, following cancer and heart disease. These errors can range from minor misjudgments to severe mistakes that result in life-threatening consequences.

One of the most alarming issues in medical malpractice is the falsification of medical records. In some cases, doctor-falsified medical records are used to cover up errors, such as administering the wrong medication or performing an incorrect procedure. When this happens, patients and their families may struggle to uncover the truth.

False medical records can also include altered test results, missing details about a patient’s condition, or fabrication about care received. These false statements in medical records can mislead other healthcare providers, thus resulting in further misdiagnosis, inappropriate treatments, or even preventable fatalities.

Patients who experience a worsening condition due to false medical records may not receive the urgent care they need, which increases the risk of long-term health complications or death.

Detecting and addressing medical errors early is always important. Victims and families must be aware of their rights and take action if they suspect negligence or manipulation of medical records.

2. Incorrect medication

If your doctor or hospital staff makes an error in your medical records regarding medication, the consequences can be severe. A single dosage could lead to the administration of the wrong drug or an overdose, putting a patient’s health at serious risk.

In some cases, these errors may go unnoticed, causing no immediate or obvious harm. However, in other situations, they can lead to severe reactions, permanent injuries, or even death. For instance, a patient prescribed excessive ibuprofen for pain management may suffer from severe stomach ulcers, kidney damage, or internal bleeding.

Similarly, a heart patient given the wrong blood thinner due to incorrect medical records may experience excessive bleeding or blood clots, which leads to life-threatening complications. In other cases, a misfiled prescription for insulin could cause dangerously low or high blood sugar levels, resulting in seizures or a coma.

False information in medical records can also lead to misdiagnosis. In an event where a patient’s chart mistakenly lists an allergy they do not have, they may be denied life-saving medications. Sometimes, a hospital might alter documents to hide an error, creating a false medical report that prevents patients from knowing the truth about their condition.

Errors in medical records are not just clerical mistakes; they have real and sometimes tragic consequences. If you suspect that your health has been affected by incorrect medical records, seeking legal and medical help can be the best option.

3. Unnecessary treatment or surgery

Errors in medical records can lead to unnecessary or even harmful treatments and surgeries, which place patients’ health and lives at risk.

A surgeon who relies on incorrect medical records may perform a procedure that was never needed, thus exposing the patient to complications such as infections, excessive bleeding, or permanent damage.

For instance, a patient misdiagnosed with appendicitis due to an incorrect diagnosis in medical records may undergo an unnecessary appendectomy, leading to surgical risks and prolonged recovery.

In more severe cases, false information in medical records can cause incurable complications. For example, a hospital error may wrongly indicate that a patient requires amputation, thus leading to the irreversible loss of a limb.

Similarly, an accurate report that suggests the presence of cancer might push a patient into undergoing a mastectomy or organ removal that could have been avoided with proper verification.

Medical professionals or institutions often engage in false medical reports to cover up these mistakes and protect themselves and health organizations from liability, which isn’t lawful.

Hospitals and other medical facilities have a responsibility to maintain accurate records, as any mistake has devastating consequences, such as physical suffering, emotional distress, and financial burdens.

4. Negligence of the health professional

The health professional assigned to your case can engage in negligent behaviour through lack of attention, lack of care, or reckless or careless activity, which can result in the recording of incorrect details in your medical record.

Even if this medical professional does not make an error during this instance, there is no guarantee that it won’t happen in subsequent treatments or future procedures that can cause injury.

5. Injury

If your medical error leads to misdiagnosis, wrong treatment, or incorrect medication or dosages, the resulting injuries are usually quite severe. Not getting the right procedure or getting the wrong surgery can cause serious damage or even lead to the patient’s death because something vital is not provided, or it was performed incorrectly.

The longer this goes on, and if there are more negligence issues in treatment or breach of duty of care, the more harm is done to a patient. Issues that arise through medical errors can require a lawsuit, so the victim can recover both financially and ensure that they get the correct treatment, no matter what it is or how much it costs.

Pursuing a medical malpractice claim can be one of the most complex and difficult legal cases. Nonetheless, if the error found in your medical record is obvious and severe, the strength of your claim may increase considerably.

It is important to consult with an experienced and accredited attorney and provide them with all the details, evidence, and records necessary to support your claim in the courtroom.

Sommers Roth & Elmaleh is one of the oldest and most established medical malpractice firms in Toronto. Our firm has more than 40 years of experience representing victims affected by medical misdiagnosis and medical negligence.

We are extremely knowledgeable in helping our clients navigate the medical-legal system, and we have many successful medical malpractice cases in Canada under our belt.

Consulting a Medical Malpractice Lawyer

The knowledge that false documentation in medical records has led to harm can be distressing, hence the need to seek legal help to fight for the justice you deserve! Below, we have curated a step-by-step list to guide you through the whole process.

• Gather medical records: Before consulting with a lawyer, request copies of your medical records from the hospital or healthcare provider. Review them carefully to check for errors, inconsistencies, or missing information. If you find an incorrect diagnosis in medical records, mark it as potential evidence.
• Document your experience: Write down everything that happened, including dates, treatments received, and any conversations with doctors. Note any changes made to your records that could further indicate false documentation in medical records.
• Research and choose a lawyer: Look for experienced medical malpractice lawyers who have valuable knowledge in cases involving incorrect diagnoses in medical records and medical negligence. Read reviews of successful cases and schedule consultations with a few options.
• Explain your case: Most malpractice lawyers offer a free initial consultation. During the meeting, explain your case, provide your documentation, and ask about their experience in handling similar claims.
• Understand your legal options: The lawyer will assess your case, explain your legal rights, discuss the possibility of filing a lawsuit against the responsible party, and provide necessary information on gathering expert opinions to strengthen evidence and your claim.
• Proceed with legal action: If the lawyer believes your case is solid, they will begin the legal process by filing a claim, negotiating with the hospital or insurance company, or preparing for trial if necessary.

Contact a Medical Malpractice Lawyer in Canada Today

The expert lawyers at Sommers Roth & Elmaleh have helped Canadian patients win their medical malpractice claims for decades. We have fought and won a substantial number of serious medical litigation cases. Our seasoned and experienced medical malpractice lawyers work with top-tier medical professionals across the country.

To learn more about medical malpractice, call Sommers Roth & Elmaleh at 1-844-777-7372 or contact us here.