Falsifying medical records

[awwwgeez]

Can I sue my doctor for falsifying my medical record which might cause the denial or lower then/should have been payment from a slip and fall on neighbor's icy sidewalk?

 

I fell on 3/5/12 and saw my doc on 3/7/12 for which he received pymt from Medicare. I saw him again on 4/3/12 but for some reason Medicare was not billed. I requested my records for the homeowners ins for the above dates of service and was told the doc would call me...I thought this was strange. When he called, he said it was his policy not to release office notes to pts, so I could not have them, (although state law says otherwise) I really bugged the office, calling several times a month, asking for the records. Every time I received the same answer...I could not have them. Then in Nov, 2012, I was told I never had an office visit in the month of March! I stopped by the office and asked to see my chart and surprisingly was allowed to...only to find no visits for the above dates. I saw visits in Feb 2012 and the next time was in June 2012. Keep in mind, he was paid by Medicare for the 3/7/12 date of service.

 

In Feb 2013 when I called again, I was told my med record was ready for pickup! Strange, eh? When I read the note, I saw it had the wrong date of service and in no way did it describe the injuries I sustained, including the loss of a crown. Granted, it was a week later, but my injuries hung around awhile and did not heal nor greatly subside in a week.

 

I have photos from the date of injury. I also have one taken two days after the 3/14 "office visit" the record for this visit shows I had a superficial abrasion to my left periorbital region and no bruising. (periorbital is the area around the eye.) Actually, my injury went from that bony area above the eye down about three inches and around an inch wide. 

 

My photos for 3/16 does show healing of the *road rash* (road rash is when you fall on the pavement and skid, causing a deep abrasion. IOW, it looks raw...like when you're going too fast on your bike, then fall and really scrape up your skin...remember those falls?) but it is definitely still there, plus my black eye was turning yellowish. And, I had an empty spot where my tooth/crown once was.

 

I spoke to a woman yesterday, 3/15/13, at the New York State Dept of Health and she is sending me a complaint form. I know this doctor has broken several laws. I have him dead to rights over lying about the dates of my office visits, or should I say the non-dates according to his wife, the receptionist. It seems he might have committed Medicare fraud for billing for a non-visit. Although I was there on 3/7, he says I wasn't.  I kept notes on the dates I called the office and what was said, but better yet, I taped several of our conversations so this should back me up.  

 

I also saw a lawyer yesterday mostly regarding  the doctor's actions, but also the S&F as I felt I now have a weak case. I was told I was the one who had to file this complaint, but he went on to say it wasn't against the law for a doctor to downplay injuries in an accident case, I pointed put I was not examined on that date. He said that's why I needed to file a complaint. I'm confused...why would this go along with the slip and fall, especially if they go by the doctor notes? 

 

Do I have any recourse or does my complaint just help the state collect fines from him? Obviously I have to find a new doctor!

 

Thank you

[racecar]

http://www.quellerfisher.com/articles/liability-for-slip-and-falls-occurring-on-new-york-city-sidewalks/

http://www.jdsupra.com/legalnews/seven-reasons-why-falsification-of-recor-54898/

NY Code - Section 7-210: Liability of real property owner for failure to maintain sidewalk in a reasonably safe condition

http://codes.lp.findlaw.com/nycode/ADC/7/2/7-210

a. It shall be the duty of  the  owner of real property abutting any sidewalk, including, but not limited
  to,  the  intersection  quadrant  for  corner property, to maintain such
  sidewalk in a reasonably safe condition.
    b. Notwithstanding any other provision  of  law,  the  owner  of  real
  property  abutting  any  sidewalk,  including,  but  not limited to, the
  intersection quadrant for corner  property,  shall  be  liable  for  any
  injury  to  property  or  personal  injury, including death, proximately
  caused by the failure of such owner  to  maintain  such  sidewalk  in  a
  reasonably  safe  condition.  Failure  to  maintain  such  sidewalk in a
  reasonably safe condition shall include, but  not  be  limited  to,  the
  negligent  failure to install, construct, reconstruct, repave, repair or
  replace defective sidewalk flags and the  negligent  failure  to  remove
  snow,  ice,  dirt  or other material from the sidewalk. This subdivision
  shall not apply to one-, two- or three-family residential real  property
  that  is  (i)  in  whole  or  in  part,  owner  occupied,  and (ii) used
  exclusively for residential purposes.
    c. Notwithstanding any other provision of law, the city shall  not  be
  liable  for  any injury to property or personal injury, including death,
  proximately caused by the failure  to  maintain  sidewalks  (other  than
  sidewalks  abutting one-, two- or three-family residential real property
  that is (i)  in  whole  or  in  part,  owner  occupied,  and  (ii)  used
  exclusively  for  residential  purposes) in a reasonably safe condition.
  This subdivision shall not be construed to apply to the liability of the
  city as a property owner pursuant to subdivision b of this section.
    d. Nothing in this section shall in any way affect the  provisions  of
  this  chapter  or of any other law or rule governing the manner in which
  an action or proceeding against the city  is  commenced,  including  any
  provisions requiring prior notice to the city of defective conditions.