Resolving a bogus diagnosis?

[AlexB18]

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

I went to the Dr. and was diagnosed with one thing before I left his office. After about a month, I got a copy of the evaluation and he totally changed the diagnosis around... he cited that I told him certain things (that I never did tell him) and he flat-out lied on the evaluation about the circumstances and what I had said. When I asked for my medical records, his office refused to provide them. I'm certain that his notes and the notes of his nurse are completely different than what he put down in his evaluation and that he possibly got me mixed up with someone else during the 1 month that he took to write the eval. I have 2 other evaluations that are to the contrary of what he says and the record he has doesn't support his inferences/eval. I asked him to amend the records but he never replied.

I filed an administrative complaint with the Department of Health and submitted a HIPAA release though an attorney for all of my records, physician's notes, etc. I've incurred substantial economic and noneconomic damages because of this misdiagnosis... what other recourses do I have here? I can't "force" him to change the diagnosis.

 

[justalayman]

I've incurred substantial economic and noneconomic damages because of this misdiagnosis..

how and why?

 

[AlexB18]

how and why?

Professional license that is void with such a diagnosis - until it's cleared up later (can't work for 6+ months most likely)... emotional distress, forced treatment to regain professional license.

 

[justalayman]

so, had you presented the TWO conflicting statements arguing against the ONE condemning report?


did you have another exam/test to rebut the condemning report after you discovered the report to be what it was?

 

[AlexB18]

so, had you presented the TWO conflicting statements arguing against the ONE condemning report?


did you have another exam/test to rebut the condemning report after you discovered the report to be what it was?

There are 2 other contesting diagnoses - however, none of them were AFTER I found out about the one in question... he took so long to come up w/ the eval that I went to someone else.

EDIT: I would like to go get a completely independent evaluation, but haven't been told who to go to yet by my attorney... they're still in a preliminary stage of investigating the issue. I don't want $, just for the doc to correct the diagnosis based on facts, not randomly made up statements.

 

[lealea1005]

You cannot force the Physician to change his diagnosis or your medical record.

If your are referring to psych notes/diagnosis, then the Physician is eprmitted to withhold your records IF s/he feels the information may be harmful to your health and wellbeing.

What you CAN do is write a statement detailing your concern and request that it is added as an addendum to your medical record.

 

[justalayman]

AlexB18;2996811]There are 2 other contesting diagnoses - however, none of them were AFTER I found out about the one in question... he took so long to come up w/ the eval that I went to someone else.

unless the doctor with the negative report is stating it is a new diagnosis or could have shown itself in the time period between the various exams, if they were all within a close period of time to each other, the two should adequately rebut the negative report.

EDIT: I would like to go get a completely independent evaluation, but haven't been told who to go to yet by my attorney... they're still in a preliminary stage of investigating the issue. I don't want $, just for the doc to correct the diagnosis based on facts, not randomly made up statements.

honestly, if you have an attorney already, the best direction is going to come from him/her. He/she is going to have a lot more details than you should ever divulge here and as such, can give you much better direction.

Ultimately, if the doctors report is actually of another patient's situation you would have a cause of action and a means to demand the correction of the report. The problem is; I find it hard to believe this other persons situation is so close to yours that they could be mistaken for each other.

 

[You Are Guilty]

Was this "your" (personal) doctor, or one you saw as part of the licensing procedure?

 

[csi7]

In all of my different evaluations provided by both psychiatrists, psychologists, pain management specialists, medical specialists, and the review by the social security disability doctor, I have had several glaring opposing diagnosis assessments.
In the administrative law judge social security disability hearing, the judge asked me several personal questions to handle the discrepancy. I explained that in the morning appointments, I am able to do some of the tasks completely, however, those same tasks are virtually impossible to attempt in the afternoon. A quick review showed which appointments were done in the afternoon, which were done in the morning, and where outside activity was compared to inside activity the temperature, the humidity, and other details were included.
When a doctor takes a month to supply their information, that can change the way they view the diagnosis. Short-term, immediate information in office is one thing, later on, after review, they often add their long-term view of the diagnosis.
If you feel this is a bogus diagnosis, instead of looking at it as bogus, go back, review the point of no return on the paperwork. I did this with every single issue, and it was time-consuming, however, the end result is that I can explain the diagnosis in layman terms, and the doctor was satisfied with my statement, and signed off on the review paperwork presented for disability assessment.
Your attorney will give you the best avenue to correct this difference of medical information, just remember, you're doing this through legal procedure, and leave your personal feelings to the side. Fix the legal problem professionally.