False drug use on my medical records

[gasserpe]

   May be someone can guide me to this question, or an attorney: I received a full set of my medical records from Fort Myers, FL when I moved to Okeechobee, Florida. I  am on Medicaid, and there is no doctor that wants to see me, because I believe because within my medical records, the Doctor in Fort Myers, Fl has entered that I "Smoke Pot". I have never touched illegal drugs in my life.Also there was no test ever done for this, and they drew blood, and the blood samples, according to the records, the blood was misplaced.  I had a bad motorcycle accident four years ago, and since Medicaid the bills, I could not seek out any attorney at that time.
  The doctor in Fort Myers prescribed me pain pills, and now since I can not find a doctor, perhaps due to the false report of a so called illegal drug use, I am unable to get medical treatment in my Town, and do not know what to do.
  Can a person sue for this, because I am denied medical treatment? I can not get any medication for pain management.
  Or can a doctor put what ever they want in someones records because of an insurance issue?

[Mollyrae]

Hello:

Actually that is considered slander. If there is no medical evidence to support that accusation then you do have a case and you can have it removed from your Medical records. I feel that a Lawyer would be the best person to talk to in this case. They can tell you how to go about having it removed from your Records.

As Tuck mentioned, if the Doctor had said that " the smell of pot was there" then there really isn't much you can do. But if it truly states that you "smoke pot" then they need to document how they came to that conclusion.

Take care and good luck...sorry this has happened...
Mollyrae

[Tuckamore]

Hi Gasserpe,

Welcome to the Pain Management Forum. I am sorry to hear about your predicament.

Yes and no is the answer to your question. A physician can put anything he/she beleives to be true in your medical records. However they usually have to have facts to back up their medically related statements.  

Physician's often begin their notes with something like, "This pleasant, well nourished 30 year old female presents today with....." or, "This 30 year old unkempt and cranky male..."  They are making subjective opinions with their objective statements. Yes I believe that is legal. It's their subjective opinion.

However to say you are a "pot smoker" requires a clarification of why they beleive that such as, " Tested positive for THC."  That's an objective statement and can be backed up with facts. If he said, "In my opinion this patient smells of pot,"  that's subjective, has no factual bases and I believe can be challenged.  

It's not unheard of to have the notes of one patient go into the another patients medical chart. I would ask the physician that made the notation where he obtained his facts. You have a right to challenge what is said in your chart. You also have a right to adding a letter yourself to your medical records. You might consider doing so.

If you are being denied care ask why. Don't assume. get to the bottom of it. Something does not sound right in your medical records and treatment. If your former physician beleived you used illegal drugs why did he continue to treat you. It doesn't add up.

Our members will post their suggestions and opinions. I wish you the best and hope you will keep in touch with us.

Take Care,
~Tuck