Legal Question in Medical Malpractice in California

Damaging misdiagnosis in records

Weeks after a head injury, I ended up in the ER for headaches and severe lack of sleep. ER Doctor took CT and Spinal Tap with neg results.

Ref. to a staff neurologist, who decided I needed eval for BiPolar. He called a Psychiatrist, who prescribed an anti-psyhchotic med over the phone. On the weekend, I had a negative (poss life threatening) reaction to the drug, and the Med RNs would not advise me because my primary doctor was not in their group. The next day, the psychiatrist's nurse called after reviewing call logs and said the doctor wanted to see me ASAP. He diagnosed me as being ''definately BiPolar'' during a 20 minute appointment (stating that in his opinion, the only reason I had not already killed myself, someone else, or was not in jail was because I was ''obviously very intelligent and well adjusted''), and prescribed and even stronger anti-psychotic, telling me it would ''help me sleep.'' He denied knowledge of the adverse reaction.

Saw my primary doctor, who disagreed with the diagnosis, and provided names of other psychologists. New Psychologist disagreed with BiPolar, and new Neurologist declared ''post-tramatic brain injury/migraines.''

Can original diagnosis be removed from record, and is this malpractice?

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