What is the name of your state (only U.S. law)? Pennsylvania
In the course of filing a petition to expunge a civil commitment under 7302 of the mental health code (of which I've posted before and won't here), I found that the ER admitting doctor gave an opinion that clearly shows he failed to consult my medical record before shunting me off to the psych ward.
The details are: had a hypoxemia diagnosis on 12/15 (pulmonologist at same hospital), along with a Rx for oxygen. Presented self at 1/20 with symptoms of: 1. shortness of breath 2. insomnia due to 1 3. tingling and vertigo in conjunction with sleep loss. I pointed out to him that, unlike when he saw me 2 years ago, I now had a valid diagnosis of hypoxemia on file in my medical record.
He declined to admit me and noted on the record, "Patient presents himself every so often complaining of sleep difficulties. Patient has been worked up numerous times, all of which have been unremarkable." That portion of the medical record, coupled with no mention of my new hypoxemia diagnosis, makes it clear that he neglected to check facts, yet represented as if he had done a normally-thorough job. His decision was cited by psychiatric staff in their decision to seek committment.
1. Is the neglect to "check the record" here malpractice?
2. Considering that he "went through the motions," yet represented (and billed) as if he had a regularly-through job, does this also constitute "theft by misrepresentation," considering that a half-hearted version of his job has a lower economic value--similar to passing off Thunderbird as Dom Perignon?
In the course of filing a petition to expunge a civil commitment under 7302 of the mental health code (of which I've posted before and won't here), I found that the ER admitting doctor gave an opinion that clearly shows he failed to consult my medical record before shunting me off to the psych ward.
The details are: had a hypoxemia diagnosis on 12/15 (pulmonologist at same hospital), along with a Rx for oxygen. Presented self at 1/20 with symptoms of: 1. shortness of breath 2. insomnia due to 1 3. tingling and vertigo in conjunction with sleep loss. I pointed out to him that, unlike when he saw me 2 years ago, I now had a valid diagnosis of hypoxemia on file in my medical record.
He declined to admit me and noted on the record, "Patient presents himself every so often complaining of sleep difficulties. Patient has been worked up numerous times, all of which have been unremarkable." That portion of the medical record, coupled with no mention of my new hypoxemia diagnosis, makes it clear that he neglected to check facts, yet represented as if he had done a normally-thorough job. His decision was cited by psychiatric staff in their decision to seek committment.
1. Is the neglect to "check the record" here malpractice?
2. Considering that he "went through the motions," yet represented (and billed) as if he had a regularly-through job, does this also constitute "theft by misrepresentation," considering that a half-hearted version of his job has a lower economic value--similar to passing off Thunderbird as Dom Perignon?