Legal Question in Health Care Law in New Jersey

Misuse of Hospital Paperwork

If a hospital employee uses a hospital form(paper work -a ''Patient Discharge Form'' to be exact) to write fictitious information so that someone he/she knows can give it to his/her employer as a ''note'' for an absence from work.....what legal implication would be brought upon the hospital employee if it is found out?....the hospital employee is frightened, manipulated, controlled, and blackmailed by the man/woman who needed the ''note'' for work....the only factual information written on the form is the first/last name and signature of the person needing the ''note'' and the form bears the Hospital name/logo

Asked on 9/29/04, 7:38 pm

1 Answer from Attorneys

Alan Albin Alan S. Albin, Attorney at Law
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Re: Misuse of Hospital Paperwork

You do not really provide sufficient details. However, depending on the facts, falsely providing health care forms could subject one to criminal charges at the state, federal, and/or local levels (e.g. forgery, fraud, violation of various criminal provisions covering health care institutions and health care records).

One would also be liable civilly to anyone injured by the conduct, as well as possibly subject to civil government penalties.

If the excuse or explanation for the forgery is that another person is using "blackmail", threats, coercion, etc., then a crime is being committed, and the person who is the victim of the blackmail/intimidation should report the criminal activity to the police, as well as to the health care institution involved.

I strongly recommend that you consult with an attorney immediately so that you can explore your legal rights, obligations, and options. If you wish to discuss retaining my services, contact me at:

alan@alanalbinlaw.com

(973)-605-8995

(*Licensed in New Jersey, Maryland, and Dist. of Columbia)

[Disclaimer: The above comments are not intended as nor should they be relied upon as "legal advice", which can only be obtained by personal consultation with a retained attorney; at which time the specific facts and circumstances of your case can be thoroughly evaluated. This reply is provided for general informational and educational purposes only, and does not create an attorney-client relationship with the responding attorney.]

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9/30/04, 11:47 am

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