Is it Illegal for a neuro surgeon to lie in medical record?

[genovoro]

What is the name of your state (only U.S. law)? Florida

I had a decompressed laminectomy done to correct a stenosis on my neck. The surgeon indicated on my record that he decompressed from C3 - C7. During surgery there are also complications that left me paralyzed from neck down. The surgeon left on vacation right after my surgery and he never came to see me. There were a few flags that lead me to believe that he was not being honest and a cloud of suspicion was always around. A year later I began to feel same symptoms and went to see another neuro surgeon who ordered another MRI and that's how I found out that first surgeon never corrected the stenosis and that C5 - C7 was intact. However he indicated on my record that he decompressed all the way through C7. Can he do that? Can he be punished for this?

 

[ecmst12]

How do you know that the stenosis hasn't simply recurred?

 

[OHRoadwarrior]

You stated C5 - C7 was intact. In surgical decompression, A small amount of the disk material is removed or the a small portion of the vertebrae is removed. Everything essentially would remain intact.

 

[genovoro]

You stated C5 - C7 was intact. In surgical decompression, A small amount of the disk material is removed or the a small portion of the vertebrae is removed. Everything essentially would remain intact.

What I meant by intact was that my new neuro surgeon said nothing was done in that level to correct the stenosis. And no, it was no reoccurrence of previous stenosis according to my physician. Still waiting for comment on the legality of being untruthful on my medical records. Thanks.

 

[xylene]

At this juncture you need to seek the advice of a medical malpractice attorney, and quickly.

 

[ecmst12]

That is not your concern. You need to ask your current doctor if he believes that your previous surgeon failed to uphold the standard of care and if that is what caused your problems, or if they would have happened regardless. If the doctor believes that malpractice is to blame for your current condition, then you need to speak with a malpractice attorney. You may also have to contend with the statute of limitations, since you did not say how long ago this surgery took place.

 

[genovoro]

That is not your concern. You need to ask your current doctor if he believes that your previous surgeon failed to uphold the standard of care and if that is what caused your problems, or if they would have happened regardless. If the doctor believes that malpractice is to blame for your current condition, then you need to speak with a malpractice attorney. You may also have to contend with the statute of limitations, since you did not say how long ago this surgery took place.

Ecmst12, the new surgeon I have been seeing has always try to cover for the original surgeon. They all cover for each other and that is something I found out the hard way. My new surgeon said " Your surgeon did not do the decompression he says he did". After that quote he has always been sugar coating it. I asked him if he would testify in court for me and he said no. Also, if my first surgeon had done the job I hired him to do I would not be in the sitUation that I am now. I also asked the new surgeon if my condition is operable but he said he does not recommend it cause my neck area is too sensitive ad tender. Unfortunately he said there is nothing that can be done at this point but just wait until the stenosis keeps getting worst and eventually will cause my death.

 

[ecmst12]

Go ahead and take all your records to a malpractice attorney or 3, see if you get any interest.