Faking medical records or providing false medical information in a court case is a serious offense and constitutes fraud, perjury, and obstruction of justice. Courts rely heavily on medical evidence for decisions in family law, personal injury claims, disability benefits, or criminal cases, and any falsified documentation can undermine the integrity of the legal process.
Here’s how to handle such a situation if you suspect someone has falsified medical records or information in a court case:
1. Understand the Seriousness of Falsifying Medical Records
Faking medical records can involve:
- Forging Documents: Creating or altering medical reports, diagnoses, or certificates.
- Misrepresenting Diagnoses: Claiming false conditions or symptoms to gain sympathy or a legal advantage.
- Doctor Collaboration: Getting a healthcare provider to provide false statements knowingly (rare but possible).
Potential Crimes Involved:
- Fraud (Fraude): Deliberately misleading the court for financial or legal gain.
- Perjury (Falso Testimonio): Lying under oath or submitting false evidence in court.
- Forgery (Falsedad Documental): Creating or altering documents with fraudulent intent (Article 390 of the Spanish Penal Code).
- Obstruction of Justice (Obstrucción a la Justicia): Interfering with legal proceedings through deception.
Penalties for these offenses in Spain (and many other countries) can include fines, imprisonment, and damages to the affected party.
2. Gather Evidence of the Falsification
To expose falsified medical records or claims, you’ll need solid evidence. Here’s how to proceed:
Review the Medical Records
- If you have access to the records, look for signs of forgery:
- Discrepancies in dates, signatures, or formatting.
- Inconsistencies in the timeline of medical events.
- Information that doesn’t align with other evidence or known facts.
Request an Independent Medical Evaluation
- If possible, ask the court to order an independent medical evaluation by a neutral healthcare professional. This can verify or debunk the claims being made.
Contact the Medical Provider
- Verify the authenticity of the documents by contacting the doctor, clinic, or hospital that issued them. They can confirm whether the records are genuine and whether they actually treated the person in question.
Subpoena Medical Records
- If you suspect someone has withheld or altered records, you can request a court subpoena to obtain the original and complete medical records directly from the provider.
Look for Supporting Evidence
- Gather any external evidence (e.g., witness statements, social media posts) that contradicts the claimed medical condition or treatment.
3. File a Motion to Investigate the Records
If you have sufficient suspicion or evidence, take the following legal steps:
Request a Forensic Analysis
- Forensic document experts can examine the authenticity of medical records. They can identify alterations, forged signatures, or discrepancies in electronic metadata.
Inform the Court
- File a motion with the court to:
- Highlight your suspicions.
- Present preliminary evidence of falsification.
- Request an investigation into the authenticity of the medical records or claims.
Request a Hearing
- In some cases, you may request a hearing to present your concerns about the falsified records. During this hearing, the court may order further investigation.
4. Potential Legal Consequences for the Offender
If it’s proven that someone falsified medical records or provided false medical information, they may face the following:
- Criminal Charges:
- Perjury (if they lied under oath or submitted false evidence).
- Forgery (for altering or faking documents).
- Fraud (if they benefited financially or legally from the deception).
- Civil Penalties:
- They may be required to pay damages to the affected party.
- The court may reverse any financial or legal benefits gained through the fraud.
- Loss of Credibility:
- Once caught lying, their credibility in the case and any future legal matters will be severely damaged.
5. Protect Yourself Against Falsified Evidence
Hire a Lawyer
- Work with an experienced lawyer who can:
- Investigate the falsified records.
- Subpoena documents and witnesses.
- Present a strong case to the court.
Request Transparency
- Ask the court to impose transparency measures, such as:
- Independent evaluations.
- Court-supervised discovery of evidence.
Stay Calm and Focused
- Accusing someone of fraud is serious. Ensure you have concrete evidence and a strong legal argument before making any claims in court.
6. Steps to Take Right Now
- Gather Evidence: Collect any documentation or evidence that contradicts the claims.
- Consult Experts: Consider forensic document experts or independent medical evaluators to strengthen your case.
- Notify Your Lawyer: Share your suspicions and evidence with your lawyer to formulate a legal strategy.
- Take Legal Action: File a motion with the court to investigate and expose the falsified records.
