What happens if a doctor or a hospital removes or alters medical records from my file?
If a doctor alters your medical record they can lose their New York State medical license. The New York State Department of Health, and the Office of Professional Medical Conduct take those charges very seriously. If we are able to prove through the course of your case that the physician altered records, then that doctor is in for a very rough ride.
If a hospital alters a record, they can be fined or sanctioned by those two agencies mentioned above. In addition, if a hospital or doctor cannot locate important relevant documents and records in your case, there are instances where Courts in New York have granted judgment to the injured victim simply because the hospital or doctor could not provide a valid explanation of where those records are now. In most cases, those records would be needed to prove plaintiff's case. Without those records, the victim is at a distinct disadvantage in being able to prove their case. If the Court agrees that those documents have been lost, misplaced, or intentionally misplaced, then they have the ability to find in favor of the plaintiff, and direct that a trial be held solely on the damages the victim has suffered.