Correcting Medical Records Options

Summary

In New York, you can request an amendment to your medical record if you believe it contains incorrect information. Submit a written request to your healthcare provider specifying the inaccuracies. The provider has 60 days to respond, with a possible 30-day extension. If denied, you can submit a statement of disagreement. Legal action for emotional distress caused by medical malpractice is also an option. To prove emotional distress, you need to show the doctors conduct was extreme and outrageous, intended to cause distress, and resulted in severe emotional distress. Medical and therapy records, along with witness testimonies, can serve as evidence. Consult a lawyer for personalized advice.

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I want to know what my options are regarding something that was not factual written in my medical chart
Hello ****, to better assist you, could you please share your location? The process of correcting inaccurate information in a medical record can vary depending on your location.
Chelsea new york
Hello ****, in New York, you have the right to request an amendment to your medical record if you believe the information is incorrect or incomplete. Here are the steps:
- Submit a written request to your healthcare provider.
- Specify the incorrect data and provide the correct information.
- Your provider has 60 days to respond (they can take an additional 30 days if they notify you).
If your request is denied, you can submit a statement of disagreement.
Is that my only option? Can I take legal action?
Yes, ****, in New York you can also take legal action if you believe the incorrect information has caused harm. This would fall under medical malpractice. You should consult with a lawyer to discuss this option further.
I feel like I can’t trust any doctors and it has caused my mental and emotional stress
Hello ****, I'm sorry to hear about your situation. In New York, you may have a claim for emotional distress caused by medical malpractice. An attorney can guide you through this process.
How do you prove emotional distress
To prove emotional distress in New York, you generally need to show:
- The doctor's conduct was extreme and outrageous.
- The doctor intended to cause you distress.
- You suffered severe emotional distress as a result.
Medical records, therapy records, and witness testimonies can serve as evidence. Consider consulting a lawyer for specifics.
Thank you
You're welcome, ****. Don't hesitate to reach out if you have any more questions or need further clarification on anything. Take care.