Can I get a paper that states that an attending doctor made a mistake?

UPDATED: Oct 1, 2022

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Can I get a paper that states that an attending doctor made a mistake?

I am currently in a lawsuit because of negligence of as store. I sustained an injury because of it and went to the hospital. This is my problem, the doctor who had attended me, asked me if I have ever fallen before. I of course have fallen on some occasion but nothing too serious, so I said yes. Then in the report, she stated that I had chronic leg problems and that I have chronic pain. I never stated that my previous falls were due to my leg, they were just common reasons that one falls from, a slippery floor, a curb on a sidewalk and etc. However, I believe that what she meant was if I had fallen because of my leg but she didn’t ask me specifically if I have fallen before because of a supposed leg problem. Would it be possible to speak to the doctor and resolve with a statement claiming that there was a miscommunication to give to my lawyer or would that be impossible within the frame of a hospital environment?

Asked on November 16, 2018 under Personal Injury, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You can ask for the correction or clarification you seek, but you are unlikely to get it. You have no power to make then change what is written and they are unlikely to be willing to change the notes they took at the timeb, especially when it will be reasonable to assume you want this for litigation purposes; I.e. they will believe you are looking for them to alter their records for you own purposes.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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