Case - legal Posted: Nov 22nd, 2017 - 5:58 pm In Reply to: Interesting.. Lawsuit for inaccurate health record - LnFn
"Stjepan Tot died of cancer, and the suit claims that 'he was unable to determine reliably when his first symptoms of cancer appeared [as] his medical records failed to accurately display his medical history on progress notes.”
It doesn't matter. Irrespective of what was in his health care record, he knew when his symptoms first appeared (from his body, and his body didn't have to refer to his medical record to have symptoms!). If his treatment was somehow adversely affected because of the alleged failure of the med rec to display his history, then his estate has a case. But the article doesn't say that. Did his treating physicians NOT know that he had cancer and rely exclusively on the (allegedly inadequate) progress notes? If so, then his estate likely has cause. But the article doesn't say that either.
IOW, his estate has no cause of action IMO (not expert).
At any rate, I am glad this case was filed because the general public needs increased awareness on the perils of the EHR.
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