Hospital stay was in October 2010. Complaints were made approximately between March 2011 and July 2011 to the Virginia Department of Health with request for investigations for the hospital personnel and the hospital facility. Complaints included negligence, falsifying medical records, making false statements to the investigators. Later complaints were made to HIPAA about fraudulent statements on the medical records and complaints to Medicare claiming Medicare Fraud. State investigators refused to interview me and my husband and refused to interview our witnesses.
We consulted several lawyers and we were told we did not have a case because there was no malpractice involved. As the case evolved, we now believe we have a case but do not know how to proceed. Medicare is investigating the Medicare Fraud and also HIPAA is investigating the false statements made on the medical records. These are still under investigation and we have heard nothing for over a year. The issue now is discrimination against patients to their right to due process of the law. Patients are not allowed their constitutional right to due process of the law unless it involves malpractice. I need to know what kind of attorney would handle this case.
Yes, now that I look back on the situation I believe we had a good case for fraud. I do not believe we had a case for malpractice because there was no lasting damage to my husband other than emotional. We were given very bad advise by several lawyers we consulted. Can you give me any advice on a patient's right to due process of law? We were not in this for any monetary settlements. We are looking for justice and truth. The legal system is broken when it comes to patient's rights. There are no laws to protect patients and no way to enforce a patient's rights unless you can prove fraud or medical malpractice.
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