Legal Question in Personal Injury in Massachusetts

I have a situation where a doctor stated false statements about me and put those false statements on my medical record. There was no basis for her to make those false statements.

On 3-26-11 I was in labor and went to Brigham and Women's Hospital at 1:45am. At 1:46pm I delivered my son. 2 hours later the doctor came in and asked me if I was on drugs. Drugs, meaning illicit drugs. She said that I didn't look myself and was concerned that I was taking drugs. She asked if I would consent to a urine and blood test to confirm whether I was using drugs. I agreed, since I have never used drugs, smoked or drank in my life. The next day the same doctor contacted me and asked if I was sure that I was not using drugs. I told her that I never used drugs. On 3-28-11 my Dr. came in and asked if I thought about birth control and that I should think about it. He said that they could put a patch under my skin. I told him that I was not interested. I was inadvertently given a letter by the discharge nurse to give to my sons pediatrician. I did not open the letter. On March 30, 2011 I was on my way to my son�s doctors appointment when I came across the envelope. In opening the envelope it stated that the doctor had suspicion to believe that I was using drugs despite the fact that the patient said she has never used drugs. The doctor put into my medical records that she has suspicion to believe that I was using drugs. I did find out through patient relations that the Dr. did have my blood tested for drug use which came back negative. I want to know what my rights are. In speaking with Patient Relations, they kept asking me where the letter was that the nurse gave me. I still have possession of the original letter that was to be given to the pediatrician.


Asked on 4/08/11, 11:08 am

1 Answer from Attorneys
Jonas Jacobson Law Offices of Jonas Jacobson

Since medical records are confidential, it's hard to see what your damages are here. Perhaps you're worried about being unfairly stigmatyzed by other doctors? It might be worthwhile to put a call into the obstetrician, and ask why he thought you were on drugs. He could have mistaken you for another patient, or perhaps you acted in an unusual way during delivery.

While, on your facts, it sounds like the doctor made an embarrassing error, that error is probably not, in and of itself, actionable without evidence of some damages you have suffered as a result. Not every mistake gives rise to legal rights.

In any case, I would urge you to focus on what's important now: the birth of your son. Congratulations! Enjoy this precious time.

Read more
Answered on 4/10/11, 12:35 pm


Related Questions & Answers

More Personal Injury Law and Tort Law questions and answers in Massachusetts