What to Do if a Hospital Alters or Loses Your Medical Records
If you believe you have a medical malpractice claim, it means that you’ve been through something very difficult to begin with. If the hospital has altered or lost your medical records altogether, it makes matters that much more challenging. While your medical records are very important to your medical malpractice claim, an experienced medical malpractice attorney in Cherry Hill, NJ, can help you skillfully navigate this hurdle.
Hospitals Are Obligated to Maintain Patient Records
If you are the victim of medical malpractice, you will rely on your medical records to help shape your claim. If your records are not an accurate reflection of the care you received or are missing altogether, it can be intimidating and may leave you feeling as if you don’t have much of a case.
Fortunately, your persuasive medical malpractice lawyer is well-prepared to fight for your rights and hold the hospital accountable. The bottom line is that hospitals are required to maintain your medical records, and the law is behind you.
You Have the Right to Request Your Records
You have the right to request your medical records from the hospital in question, and your medical malpractice attorney has the right to do so on your behalf. If the hospital does not oblige your request or the records do not conform to the treatment you received, it may translate to professional misconduct.
From here, you can file an appeal with the New Jersey Department of Health (DOH), which you can trust your practiced medical malpractice attorney to ably handle. If the DOH rules in your favor and the hospital fails to provide the required records, the hospital can be cited for misconduct. This can initiate enforcement actions and can lead to serious fines or even suspension of their license.
The Spoliation of Evidence
If the hospital that you have a medical malpractice claim against has lost or altered your records, it does not mean that you have lost your claim. In fact, it is called spoliation of evidence, and it could bolster your case. In a case like yours, the court could find that one of the following applies, which can speak to the standard of care provided:
- The court may allow what is called an adverse inference. This means the jury can be instructed to assume that the missing records would have contained evidence unfavorable to the hospital.
- The court may allow what is called a negligence inference. This means that the court infers from the hospital’s failure to produce your records that it engaged in professional negligence.
Your capable medical malpractice attorney will take the steps necessary to gather alternative evidence, including expert testimony, that strengthens your case.
Consult with an Experienced Medical Malpractice Lawyer Today
The distinguished medical malpractice attorneys at Ginsberg & O’Connor in Cherry Hill, NJ, are well prepared to fiercely advocate for your claim’s best possible resolution, regardless of any roadblocks the hospital may employ. Learn more by contacting us online or by calling our firm at 856-727-1991 today.