Legal Question in Medical Malpractice in Maryland

My doctor, during a routine physical wrote on my medical record that I was a "Promiscuious Homosexual" without ever asking me a question about my sexual history. While it is an understandably uncomfortable subject to discuss with a stranger. I would have answered any of her questions honestly. To be fair I must tell you that every 4 months I got an HIV test done. I think I had 3 test done. I just wanted to be absolutely sure. I told her this. It was a one time incident of carelessness and thankfully I am fine. She apparently did not believe me and she certainly didnt ask me any follow-up questions. Is there anything I can do?


Asked on 9/20/10, 5:01 am

1 Answer from Attorneys
Phillip M. Cook Cook Legal Services, LLC

If I were in your shoes, I might speak to the doctor who wrote the physical and ask that she re-write her description. Be polite, courteous, and gracious. The doctor will likely be more embarrassed about it than you. If the doctor refuses and you need a "clean" medical record that doesn't contain the "promiscuious homosexual" language, consider going to a different doctor and using that physical.

Best of luck.******The above is for informational purposes and does not create an attorney-client privilege.*********

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Answered on 9/25/10, 6:02 am


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