If malpractice appears in the medical records, the case will likely settle and settle well. If malpractice does not appear in the medical records, expect a fight to the finish. After all, it's a crime for which a doctor, a nurse or a hospital administrator could lose their license and even face criminal penalties. However, I have handled two cases in just the past year where the patient's allegation of lost or tampered medical records proved to be correct. I have just signed up another case where there are discrepancies in the medical records themselves, as well as between what my client recalls and what is recorded in the records.
Any decent lawyer is skeptical when a potential client claims that records have been doctored.
There needs to be some other evidence that the records have been lost, destroyed or doctored. Otherwise, any savvy lawyer will likely show the same skepticism towards a potential client as will a jury or a judge. The mere fact that you have been injured is usually not enough to demonstrate that the records have been altered, but sometimes this is sufficient. As a patient who is considering a medical malpractice action, you should gather your medical records from your treating doctors and hospitals as soon as possible, before you advise them that you are considering suing them. Once you have yourself advised them that you are seeking counsel from an attorney, or once your attorney has sent a demand letter to the doctor or hospital, it may be too late to fully protect your medical records.