Legal Question in Medical Malpractice in New York
If medical malpractice case failed or dismissed for 'whatever' reason and sometimes later it was discovered that doctor falsified medical records and reports and thus confused medical experts on a plaintiff side, could a doctor be criminally liable and what is statute of limitations to file a complaint to Department of Health of New York?
2 Answers from Attorneys
If you have 'real proof' that the defendant falsified medical records or tampered with medical records you should contact the local district attorneys' office. I do not know the statute of limitations for tampering with medical records you should contact the DA's office and ask them.
You don't provide the timeframe of circumstances in your case. If you have imposing proof that records were tampered with ( a crime), and if there is still time, your attorney might consider a motion to set aside the verdict, or an appeal. The NYS Dept. of Health website is also useful to gain an understanding of a doctor's background, and whether there has been disciplinary or civil action taken against him/her. Best, M. E. Zuller
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