Legal Question in Medical Malpractice in California

i am rn that was told by my dr /boss to start charting in pateints records that they are getting a higher dose of med then i am actually giving the patient


Asked on 4/22/10, 3:15 pm

3 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Keep good records of all this. You will need them someday.

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Answered on 4/27/10, 3:32 pm
Michael Wasserman Michael Wasserman, Esq.

As you are licensed health care practitioner, if this situation were to come to the attention of the licensing authorities, you could be subject to discipline for being an active participant. I know that jobs are difficult to come by and you never want to upset your boss, but purposely charting inaccurate information into a health care record is not an acceptable practice. I am not sure why your boss wants higher doses charted than given, if there is some economic benefit--i.e., billing for services not rendered, but you become an active participant in this matter and your participation in it could cost you your license. Have you voiced an objection to your boss? If you refused to participate in this and you were to be terminated from your employment, you should immediately contact an employment lawyer. You might want to contact an employment lawyer before you confront your boss to determine your employment rights especially when you are being asked to commit something you obviously know is wrong.

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Answered on 4/27/10, 3:42 pm
Terry A. Nelson Nelson & Lawless

That's illegal for you to do, and you could take the 'fall' for a crime that your boss easily could blame on you. If you refuse and are fired, and if you can prove what you claim, you would have a wrongful termination lawsuit; call me if that happens. You should consult with experienced employment counsel asap. Feel free to contact me if you are in SoCal, I've been doing these things for over 2o years.

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Answered on 4/27/10, 5:25 pm


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