What can be done if the medical records were modified in favor of the dentist and against me? 7 Answers as of September 09, 2013I am a 49 year old female. My dentist started the orthodontic treatment since February, 2012. In September, 2012, she prescribed the headgear and pressured for me to wear it as long as possible, daily. She never fit or checked the face bow and headgear for 7 months. After requesting the adjustment of the bow, she even worsened it. After 9 months of the headgear, my upper jaw got asymmetrically lifted up (intrusions) and lost bites entirely. In June, I stopped the headgear, informed the primary dentist, ask the records to be sent to another orthodontist for the 2nd opinion. She did not send the records, started to harass me, gave a false hope that my treatment will be over in 4 - 6 months, did not give me the new treatment plan, did not communicate with the prosthodontist to restore my bites, and tried to put me on another head-gear. I e-mailed her just before fitting day, asking to wait until my teeth are recovered from the injury and aligned properly, and consider alternative methods than the headgear. Her staff called me to change the appointment to another day, and told that she had not meant to fit the headgear to start with, and she will discuss other options since she got new ideas from her step son who is an orthodontist in Oregon. I went on the new appointment day, and was suddenly told that since I got the 2nd opinion, she believes that I don't trust her, and that since she is not experienced with alternative method than the headgear, and that she cannot make any plan and don't know how long it will take for the treatment to finish, I should find another orthodontist, such as the doctor I saw for the 2nd opinion. She was hesitant and procrastinating sending the records to the new dentists, and me. Initial diagnosis, and her instructions and my responses were changed.
Andrew T. Velonis, P.C. | Andrew Velonis
I think she was correct when she said you didn't trust her, and for good reason. While you should have some recourse here, there are some difficulties in achieving that: First, how would you prove that the records were altered? Second, you obviously had some significant problems before, now the question is, how much worse off are you due to her conduct? Make an appointment with an experienced lawyer in your area, one who is willing to take on challenging cases.
Answer Applies to: New York
James E. Hasser, Jr. P.C. | Jim Hasser
Altering medical records can be a real problem in court if proven. You need to see another orthodontist and tell them what happened. Find out what is wrong, if anything, why, and what it will take to fix it. If it's a serious permanent condition. Consider talking to a medical malpractice lawyer. Good luck.
Answer Applies to: Alabama
Paul Whitfield and Associates P.A. | Paul L. Whitfield
You have a dental question not a legal one. Why don't you find a dentist you trust and ask her and follow her advice. Why did you dilly dally with someone you don't feel comfortable with and now want to complain about it?
Answer Applies to: North Carolina
Rags Beals Seigler Patterson & Gray | Ronald D. Reemsnyder
I am sorry to learn of your troubles. Dental malpractice is actionable and if you were injured by your Dentists failure to observe the standard of care and there is expert testimony to this effect you may recover. In your case it seems that your Dentist acted negligently and directly harmed you which is easier to prove than when a Dentist fails to do something. Handling a malpractice claim is not something you can do on your own as there are special pleading requirements and also you must have expert testimony so you need to consult with an experienced trial attorney.
Answer Applies to: Georgia