What Are My Legal Options for Incorrect Medical Records in Texas?

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Legally reviewed by:
Steven R. Davis and John A. Davis, Jr.
February 20, 2024

When you go to the doctor, whether it’s for emergency surgery or routine treatment, you trust that the medical records they have on file are accurate and up-to-date. However, if given a medication that interferes with your current prescriptions or you undergo unnecessary surgery, it can radically change your life. If your medical records are incorrect, a Harris County, Texas medical malpractice lawyer can help you navigate these claims. Keep reading to learn more about the dangers of this situation.

Why Are Incorrect Medical Records Dangerous?

One of the most prominent issues that can arise as the result of incorrect medical records is a misdiagnosis. If you go to the doctor and discuss your symptoms, it is up to your medical provider to take notes and discuss what could be wrong with you. If they fail to do this and you end up in the hospital with more severe symptoms, the new providers there may not be able to accurately diagnose your condition. This is no fault of a new provider because they do not have the necessary prior information from previous healthcare providers to supply an accurate assessment of your illness or injury.

As a result of a misdiagnosis, you can receive incorrect medical treatment. Not only can this cause further unnecessary injury, but it can also increase your medical expenses. If you receive an unnecessary and invasive procedure for a diagnosis that had been previously ruled out but not noted in your chart by previous healthcare providers, this can cause pain, suffering, and exuberant medical bills.

In some cases, if a healthcare professional fails to note any allergies, sensitivities, or medications you may be on in your charts, you could receive the wrong prescription. This can not only do immense harm but could be fatal. If you are given medication because there is no allergy note in your records, the ingredients in the prescription can cause significant damage.

What Should I Do if I Discover an Error in My Records?

If you find out there is a medical inaccuracy in your chart, you have the right under the Health Insurance Portability and Accountability Act (HIPAA) to request this error be remedied. This can be a tedious process, as you must fill out a written request with the information you want to add or include. Be sure to retain a copy of this request. This helps proves you have taken the necessary steps to reduce your own harm.

You should also ensure that you request a copy of the record where the essential information was incorrect or completely omitted from the account.

At Davis & Davis, we understand that medical malpractice cases can upend your life. We will do everything in our power to help you navigate this process with ease. Contact our law firm today to learn the details of your case with one of our seasoned attorneys.

John A. Davis, Jr.


John A. Davis, Jr. and Steven R. Davis

February 20 2024

Steven R. Davis and John A. Davis, Jr. are experienced attorneys at Davis & Davis, a law firm that specializes in medical malpractice cases in Texas. With a deep commitment to justice that guides their ethical approach, Davis and Davis have dedicated their careers to helping victims of medical negligence. They and their team continue to advocate for clients, despite the challenges posed by Texas's cap on recoverable damages in malpractice lawsuits. Davis & Davis pride themselves on their extensive experience in the field and their readiness to meet clients across the United States.

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