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Delta-Lawyer, Lawyer
Category: Employment Law
Satisfied Customers: 3546
Experience:  In-House Counsel & Litigator
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My husband applied new job driving semi with a new company

Customer Question

My husband applied for a new job driving semi with a new company . He has drove truck for 30 years and started drinking over the road 6 years ago . He had his last Dot physical signed on11-24-15. He was diagnosed with minor coronary heart disease 17 years ago but never had any procedures done . He is on Plavix . He has passed all his stress tests , when his new employer requested his dot physical for . It stated his diagnosis was CAD/ Stent . He he never had a Stent put in and his new employer won't hire him until they have proof he did not have a Stent because it puts him at a higher risk . Well we contacted the Dr who wrote down and signed that he had a Stent ( the Dr who did his dot physical ) and he stated that he got the information from my husband primary physician. Since then my husband has transferred to another position. We called this former position and they stated they have no record that Raj has ever had a stint all the one nurse said that Roger told her or excuse me the doctor that he had a stint. So we contacted his cardiologist they found his records from 17 years ago and he has not had a stent. My question is someone falsified this paper put something down with no medical evidence causing my husband to not be able to get this job I want to know if this is illegal. We have never ever dealt with a lawyer before we have no idea but this is very frustrating would love any information
Submitted: 1 year ago.
Category: Employment Law
Expert:  Delta-Lawyer replied 1 year ago.
I hope this message finds you well, present circumstances excluded. I am a licensed attorney with over a decade of employment law and litigation experience. It is a pleasure to assist you guys today. Interesting question. The answer is that this is not criminally illegal, per se, but it certainly appears to be negligence, which is actionable in civil court. This was either an intentional act that caused you and your husband harm, or it was a mistake that constitutes negligence on the part of a health care provider that treated your husband and coded the medical record wrong. There is a high likelihood that this was a medical record error constituting negligence. The key here, if you decided to sue, would be the attempts to isolate exactly who committed this error. If and when you can determine that, you can sue for negligence. You need to be able to show they had a duty to get this right, they breached the duty, the duty caused damage (delay in employment) and you need to show the damages (money lost by their error). If you can find out who made the mistake, proving negligence will be easy at that point and you will win the case. Let me know if you have any other questions. Please also rate my answer positively (Three or More Stars) so I can receive credit for my work. Best wishes going forward