Proving records were altered

[lbb87]

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

Is there a way to get the writing and/or ink on a piece of paper (medical records) tested to see if information was added at a later date? For example, let's say that notes in a patient's records were made on September 1st, 2nd, and 4th and I believed that someone added something to the notes made on September 1 in order to cover their butt from a huge mistake. Would there be a way to test the writing or ink to see if the alleged addition had been made at a later point in time? If the orgininal notes were made with a Bic pen and the alleged added notes were made with a Papermate pen, then that could prove that the records were altered to cover the doctors butt from his mistake.

So is there a way to do any testing? If so, who would I go to and how much might that cost?

 

[tranquility]

You will have to go to document experts. To test will cost thousands and the testimony and expert report will cost thousands too.

For small claims? Forget it.

 

[Zigner]

Are these "medical records" or "vet records?"

 

[antrc170]

There isn't going to be a scientific test to narrow down that far concerning the age of the ink. Using markers that are sometimes put into inks, the year or a set of years may be determined, but not weeks. Even if two different inks were used, it is easy to explain that the first ran out of the ink, or was dropped, etc.

At best a forensic document examiner will be able to tell you if the handwriting is different, if the memo was done quickly, etc.

Even then, so long as it was someone authorized to make notes into the file such as a nurse, doctor, other health care professional, etc, I know of no law that forbids the addition of notes after the fact.

It may go toward circumstantial evidence at best and is not worth the cost (IMO).