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  1. #1
    Join Date
    Feb 2016
    Posts
    6

    Default How to Prove Discrepancies in a Medical Report

    My workers compensation claim was made in the State of: Colorado

    So I recently Hired a lawyer, afterwords I went to get the Drs report on the incident. I actually talked to him directly. He TOLD me he had lost the actual transcription, and had to go off of what he remembered. The next day I had received the report, in which the Nurse case manager explained was amended which is completely false. There is about 10 percent of the report that is actually true, and i can prove the discrepancies.. I am not sure how this will play out, I can disprove almost all of his report with medical record facts, and other things. Anyone ever had this happen?

    What was also interesting, is when I went to see her, before mentioning anything work related, I had my medical file in a separate office (physical file of dates missed, a few reports from my PT guy). I was in the office with the lady who does completely other things, I went to use the restroom and left my stuff their as it was supervised. I came back and the work comp advocate grabbed my stuff and went through it without me. She literally grabbed my file and just started going through it.

  2. #2
    Join Date
    Feb 2007
    Location
    831 East Morehead St., Ste 355, Charlotte, NC 28202
    Posts
    3,837

    Default Re: Workmans Comp Doctor Lost My Dictated Report (His Initial Assesment)

    Proving a doctor's report "false" is next to impossible. Look for evidence from any source that corroborates your story and the facts that were left out of the report. Of course, if those facts are not material to an issue in the case, you may not even need to be concerned about it. Whether something material to an issue in the case needs to be addressed is usually a legal question that your lawyer needs to think about.

    Don't leave your private notes where the other side can look at them. Never assume that a case nurse is ethical.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney and Board Certified Specialist in NC Workers' Compensation Law

  3. #3
    Join Date
    Feb 2016
    Posts
    6

    Default Re: Workmans Comp Doctor Lost My Dictated Report (His Initial Assesment)

    I have multiple factual aspects, that I can provide to prove him wrong. Including other Drs who first saw me. Thanks for you help!

  4. #4
    Join Date
    Jun 2016
    Posts
    1

    Default Re: Workmans Comp Doctor Lost My Dictated Report (His Initial Assesment)

    I am curious of the outcome in your case. Were you able to prove the false statements? I recorded every doctor and the lies are beyond outrageous. The claims were so egregious, the doctors were evEn saying that they knew my injuries but 'were not' going to report it to the insurance company. I was told to send recordings and claims, discrepancies to the Medical Board and DORA for possible action. The DIME lied about things that had nothing to do with my case and said i was faking and speaking ill of other doctors??? No way would I do that. My claim was worth a lot. A whole person injury. They almost got away with it, bit I decided to a least take action to have them correct the medical records with the verifiable truth. The real criminals are the WC doctors and the Insurance companies IMO. Any way...good luck!

  5. #5
    Join Date
    Feb 2016
    Posts
    6

    Default Re: Workmans Comp Doctor Lost My Dictated Report (His Initial Assesment)

    Oh it just keeps getting better. So, i had a horrible adverse reaction to elavil (tried for pain). I saw my surgeon bla bla bla. We had set up the need for surgery unfortunetly a fusion. I was thrown out of his office because of quote i was seen snowboarding on my FMLA. So again, I pulled my ski pass swipe punches from the mountain at which i was somehow seen? Obviously it again factually disproves it. I ended up with an attorney because of all this stuff. I have surgery wednesday of next week, court hearing is set in about a month. Mine is a little complicated because I was born with a pars defect. Get an attorney! best thing i did. Under the HIPPA act you have the right to attach a letter or document to your medical record. But again, after they lost my report, and then re wrote it a month later, i went out and signed on an attorney that day. It has helped obviously. I will keep you posted on how it goes. Good luck. the IMEs dont work for you man, but your attorney can also request his own IME, a judge can I think request a neutral one. But the opinions and medical records stating it was sustained at work will help.

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