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California Medical Board Accusations Focus on Record Keeping

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California Medical Board Accusations FocusĀ on Record Keeping

The Medical Board of California has recently highlighted the importance of proper record keeping in several accusations related to the quality of care.

Recent Cases:

  1. Napa Doctor: Charged with repeated negligence, gross negligence, and record keeping violations related to opioid prescription practices.

  2. Santa Monica Doctor: Accused of poor record keeping and potentially fraudulent insurance billings.

  3. Pomona Doctor: Alleged negligence and failure to maintain proper records.

Legal Standards:

  • California Health & Safety Code Section 123100: Establishes a patient's right to access and receive copies of their medical records.

  • 42 CFR 460.210: Sets federal standards for medical records applicable to all practitioners.

  • CMS Guidelines: Provide detailed instructions on how medical records should be entered and maintained.

Implications:

  • In some cases, poor record keeping is deemed fraudulent.

  • Inadequate documentation, such as ultrasound results, is often linked to allegations of negligence or fraud.

  • Admitting to bad record keeping can sometimes be a strategic resolution to avoid admitting inadequate medical care, fraud, or excessive opioid prescription.

Legal Expertise: Daniel Horowitz and his team of medical practice lawyers specialize in Medical Board matters and can guide you through investigations or accusations.