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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37459
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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I have been asked, as a licensed clinical psychologist, to

Resolved Question:

I have been asked, as a licensed clinical psychologist, to rewrite a medical document omitting the precise action of a patient abuse. I am aghast. I work for a long term care facility that does not want the state to see the progress note. I am going to refuse to rewrite ( and omit) the exact nature of the alledged abuse. I am willing to add an amendment to the report, but no change to the actual written copy of the original report.My own small group company would prefer that I rewrite to "please" the facility but I will not do it. It is my understanding that altering medical records is a criminal offense.
Submitted: 11 months ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 11 months ago.
Thank you for your question. Please permit me to assist you with your concerns.

I am genuinely sorry to hear that you are in this situation. How exactly can I assist you, what specifically is your question tonight?
Customer: replied 11 months ago.

Am I correct in noting that this would be in the criminal realm (not to mention ethical)?

Expert:  Dimitry K., Esq. replied 11 months ago.

Thank you for your follow-up, Brenda.

I absolutely agree that this is an ethical violation. It also happens to be medical malpractice that could get you sued, fined, and have you lose your license by the medical board. Your medical insurer could consequently drop coverage. And it is also a criminal violation since this can lead to perjury and fraud charges. Altering records is not a good idea. Amending records with more information is fine, but an actual edit is asking for trouble.

Good luck.

Customer: replied 11 months ago.


How the heck do I get this across to my corporate leaders... Anyway, so if I write an "amendment", which is reasonable to me... not necesaarily what they want me to write, I should put on it the date that I write it, correct?

Expert:  Dimitry K., Esq. replied 11 months ago.

Brenda,

Exactly right, you put the new date AND that it is an amendment. Fact is, your corporate leaders can legitimately not care because it is your license on the line and not theirs. If you can point out to them that in New York state there was a recent jury decision of 2.1 Million for a similar case, they may sit up and take notice. There is no guarantee, but if they begin to see it from their wallet and from the fact that if they pressure you you might need to make a call to the board yourself, they may relent and do what is ethically correct and ultimately cheaper (as a lawsuit is inherently expensive).

Good luck.

Customer: replied 11 months ago.


Just in case... though I doubt it will get to the point, that would be the Board of Psychology in terms of a complaint.? Cripes this is a tough way to make a living.

Expert:  Dimitry K., Esq. replied 11 months ago.

Thank you for your follow-up, Brenda.

That is correct, it would be made to whatever board it is that you have obtained your licensing from. Cripes is right, this is a situation where you have a heck of a lot to lose and not much to gain by actually altering records.

Good luck.

Customer: replied 11 months ago.


Yea, except the long term care facility (s) are known to fire "can" people who do not comply with the request. But indeed you are right in the long run-just needed to put my head on straight with this one.

Expert:  Dimitry K., Esq. replied 11 months ago.

Brenda,

I honestly cannot tell you what to do here as this would be your decision on how to proceed. I am just here to show you what potential options can exist if this ends up going very poorly down the line, How it ends up is now based on you having the best information available. It may be wise to rest and then make a decision in the morning once you had time to internalize the information for yourself.

Good luck.

Customer: replied 11 months ago.


Oh I absolutely will not alter or omit facts n the original report, but will do an amendment. Thank you again for helping me to verify the facts.

Expert:  Dimitry K., Esq. replied 11 months ago.

Brenda,

You are most welcome and glad to help. Please let me know if I can assist you in any other way. Otherwise if satisfied with my work, kindly do not forget to positively rate my answers so I can obtain credit for helping you this evening. Thank you!

Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37459
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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