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Question

I once had simple depression and was misdiagnosed as bipolar disorder. I have always worked full time without handicap and have done well which I and my dr mistakenly thought it was because I was medication compliant. I finally figured out that I never had this and have been symptom and medication free for three years. I never really had classic bipolar symptoms. I still continue to work full time and have had two doctors verify the misdiagnosis. As a psych nurse, I saw a lot of this and left the field. Because of the social stigma and having a professional license, is this information discoverable, my med records I mean, that have a fictitional diagnosis in them? Also, because it was a mis diagnosis, could these records be destroyed somehow as to not allow insurance companies and employers find out about that which was never true. It sounds far fetched, but I know what is true. I witnessed many others being misdiagnosed in my work as a nurse. Are insurance co's cross referenced?

Submitted: 67 days and 1 hours ago.
Category: Legal
Value: $38
Status: CLOSED
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State/Country relating to Question: Colorado

Accepted Answer

Well the usual remedy is to request a correction in your medical records. If you have been diagnosed with something different, that will show up in your more recent medical records as well. Aside from that, opinions can vary wildly on psych issues, and your doctory probably does not agree that he misdiagnosed you. Symptoms change, diagnoses change, and event the evaluation criteria changes.

 

You can request that the doctor correct the records, but there is no law that will make him do it. You can also request that the record is destroyed, which is legal once you have been discharged as a patient. However there are many laws governring how long he must keep them. Most doctors and institutions keep them forever.

 

 

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Expert: JPEsq
Pos. Feedback: 99.6 %
Accepts: 
Answered: 9/16/2009

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Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

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