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Christopher B, Esq
Christopher B, Esq, Attorney
Category: Personal Injury Law
Satisfied Customers: 2677
Experience:  personal injury and medical malpractice attorney
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Should I file criminal charges against a doctor that cause a

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Customer: Should I file criminal charges against a doctor that cause a wrongful death and medicare fraud? My mother passed away of Acute Myocardial Infarction and possible pulmonary embolism. We have obtained her medical records and have noticed that her doctor has changed the dates several times on his medical report as to the day she saw him and what she went in for. He saw her on November 6 but he has placed under his notes it was November 10 and that he diagnosed her with pulmonary embolism and infarction, but he never informed her of that diagnosis and her other doctor did not investigate her symptoms and gave her steroids, because he thought it was her asthma, and she did two weeks later from Acute MI according to her records.
JA: Thanks. Can you give me any more details about your issue?
Customer: My mother began have shortness of breath and went to see her Cardiologist on November 6th. He did an EKG and told her he see a little something but it's nothing to worry about. He then told her she probably needed to see a pulmonologist and told her he would see her again in 6 months. She went to her other internal medicine doctor because she was still having breathing problems, he said It was probably her asthma and placed her on steroids and antibiotics. She continued to have problems, so she went to the emergency room, on November 18 and had an EKG and arterial blood gases done and at this time her blood pressure was running very low. The ER doctor consulted with her internal medicine doctor about it being low and he said it was due to the steroids,just increase the bolus to 100mg then release her, the next moring her pulse was week and she was struggling to breath and we called EMT, but she arrested with them and at the hospital her the got her pulse back several times, but could not keep it and then died. Her medical records and states she had an Acute MI, but we have obtained her cardiologist records and it says he saw her on Noveber 10, but it was the 6th and she had a pulmonary embolism and infarction and that he what he billed medicare for, but he did not inform her of that and did nothing to treat her. The records talks about my mother informing the ER doctor that she saw him a couple weeks ago and he said it was nothing to worry about.
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Submitted: 11 months ago.
Category: Personal Injury Law
Customer: replied 11 months ago.
I have a couple of civil attorney interested in this case, but wouldn't this also be criminal negligence and fraud?
Expert:  Christopher B, Esq replied 11 months ago.

My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship.

Any unlawful act which results in the inappropriate billing of Medicare for services by a healthcare provider, including physicians, hospitals and affiliated providers. Some example: Billing for or performance of duplicated services, claims for services not rendered, billing for services not deemed medically necessary, miscoding of medical and/or surgical procedures, excess charges for services or supplies, breech of assignment agreements, billing Medicare patients at a higher or different fee schedule, waivers of co-payments and deductibles, and other improper billing practices. Just because the date was wrong does not necessarily mean that there is Medicare fraud, there would have to be some sort of benefit to the doctor or hospital like previously described.

As to the possible medical malpractice, you would have to show that the cardiologist's care fell below the standard of care which is how a physician in a similar specialty would have acted in a similar circumstance. You have already requested the medical records which is a good first step. You need to find an experienced medical malpractice attorney to look at these records and properly ascertain the merits of your case which it seems like you have already done. The most important thing is having an expert cardiologist review the case and see if the care was below the standard of care. These experts are very expensive and the attorney you contacted will have experts they can talk to in order to review your case. These cases can be difficult to prove but it comes down to the little things and the medicine and that is why the experts are so important.

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Expert:  Christopher B, Esq replied 11 months ago.

Just checking back in, do you have any further questions?

Expert:  Christopher B, Esq replied 11 months ago.

I see you have reviewed my answer, do you have any further questions? If not, please please positively rate my answer if satisfied (there should be smiley faces or numbers from 1-5 next to my answer, a good or excellent rating would be fantastic) as that is the only way I will be compensated by the site for my work. This will not cost you anything extra and this extra step would be appreciated.

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