When medical records contain errors, the consequences can be serious. These documents guide every decision about your care—from medication dosages to surgery plans—and mistakes can lead to devastating outcomes. Many patients ask: Can you sue for inaccurate medical records? Yes, but only if you can prove that a healthcare provider breached their legal duty and that this failure directly led to your injury. At the Law Office of Cohen & Jaffe – Long Island Personal Injury Lawyers, we fight alongside patients all over Long Island to hold negligent providers responsible when careless documentation leads to confusion, medical complications, or permanent injuries.
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What Are Medical Records For?
Medical records serve as a written timeline of your health. They document diagnoses, treatment plans, prescriptions, lab results, and physician observations—creating a complete timeline of your medical history. This information helps every provider involved in your care make informed decisions and avoid dangerous mistakes.
Accurate documentation isn’t merely a matter of form; it is a legal duty and essential in modern medicine. These records often form the basis for claims of malpractice and are meant to show whether adequate standards of care were employed. When they’re thorough and correct, medical records protect both patients and providers. When they’re not, they can lead to serious harm and lasting consequences.
The Implications of an Incorrect Medical Record
An error in your medical record can have far-reaching consequences. A single wrong notation, like an allergy, medication dosage, or diagnosis, can lead to misdiagnosis, delayed treatment, or even life-threatening injury.
The most common types of mistakes in medical records include:
- Recording information or test results on the wrong patient.
- Misreporting the diagnosis and/or treatment plan.
- Omissions, such as surgical complications or allergies.
- Billing codes that don’t match may affect what is covered by your insurance.
- Omission of follow-up instructions or results of tests.
Beyond the physical risks, errors can affect your credibility when seeking medical care or insurance benefits. Correcting them promptly is essential, especially if the mistake contributed to an injury or financial loss.
Can You Sue for Inaccurate Medical Records in New York?
Can you sue for inaccurate medical records? Yes, you can sue for inaccurate medical records in New York when the mistake amounts to medical negligence that causes harm. For example, if a provider’s failure to update your chart results in a wrong prescription or unnecessary treatment, that error may justify a malpractice claim. Patients also have the right to review and correct their medical records under federal law.
The HIPAA Privacy Rule gives patients specific rights regarding their Protected Health Information (PHI), as defined under 45 CFR Parts 160 and 164. These rights include reviewing and obtaining copies of their medical records, as well as requesting amendments when information is inaccurate or incomplete. Healthcare providers must respond to these written requests—generally within 30 to 60 days—and either approve the change or issue a written denial explaining the reason for denial.
Patients may also file a statement of disagreement if their request is denied. These safeguards ensure transparency, accuracy, and accountability in the documentation and maintenance of medical information.
Key Steps to Take if You Suspect Something is Incorrect
If you believe there’s an error in your medical record, act quickly—your health and your case could depend on it.
- Request a copy of your complete file: Go through every page, including lab results, doctor’s notes, and billing entries.
- Document the mistake: Identify what’s inaccurate, why it matters, and how it may have affected your care.
- Ask for a written correction: Submit a formal amendment request to your healthcare provider or insurance plan. They must respond within a specific time frame, and if they created the information, they’re required to correct any inaccurate or incomplete details.
- Keep everything: Save all letters, forms, and emails related to your request.
- Talk to a Long Island malpractice attorney: A lawyer can help determine whether the inaccuracy constitutes negligence.
According to the U.S. Department of Health and Human Services, patients have the right to request changes and receive written notice and explanation if a change is denied. This helps ensure that all health records are transparent, accountable, and under the control of patients
Contact a Long Island Medical Malpractice Lawyer Today
The Law Office of Cohen & Jaffe – Long Island Personal Injury Lawyers helps patients across Long Island uncover documentation issues, pursue accountability, and recover fair compensation for their losses. Let us review your case, explain your rights, and take action to rectify the situation. Call 516-358-6900 today to schedule a free consultation.
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