E-Discovery & Legal Tech News

Doctor’s Medical Records Change Not Actionable in California

April 23, 2020, 2:41 PM

A California woman can’t proceed on a claim that her doctor deliberately changed her medical records in an effort to show he wasn’t negligent in failing to diagnose an ectopic pregnancy, a state appeals court said.

California’s courts haven’t recognized a stand-alone tort cause of action for destruction of evidence, at least where other remedies were available, the California Court of Appeal, Second District, said in an unpublished opinion Wednesday.

Jong Rhee could have asked the lower court to infer Kerry Park’s negligence from his actions or impose monetary or contempt sanctions against him, the court said. She also could...

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