Is it illegal for a doctor to post his personal opinion in a patients Discharge Summary. ?

Question

when I was discharged from the hospital the doctor wrote "This is a 39-year-old, overweight, white female, who looks older than her stated age" I will give him credit yes I am overweight, but I found the part of me looking older than the age stated being an insult and being his own personal opinion. So I want to know if this is illegal and if so what type of attorney would take care of this for me. thanks

Answer 1

If I were you I would go see another doctor and ask them for their opinion...they call it a second opinion

The first doctor is the first opinion

it is what you paid for

Answer 2

It is legal.  You need to deal with your problems, not the messenger.

Answer 3

No, it's not illegal. He's entitled to his opinion. And, although it was rude, it does have a slight bearing on your health.

Answer 4

Nothing illegal about it, and no competent attorney is going to touch it.  How you look can be an indicator of your overall health.  When you were admitted, one of the nurses went through a set of admissions criteria and did a short physical assessment.  Her assessment may very well also include a statement that says your apparent age and your stated age don't match.  They make a note of this because it could be an indicator that something else is going on in your body that needs to be evaluated.  

If you came into the hospital and insisted that you are 18, even though from your looks you are obviously late 30s, they're going to chart that you state your age as 18 but you look older than your age.  If a 15-year-old who is small and not physically mature is admitted, they're going to record that he says he's15 but he appears to be younger.

Normal charting.  Opinion, yes.  But an opinion that is more than just someone's assessment of whether or not you're attractive.

Answer 5

no they write this sort of stuff everyday,its called communication,and its probably true ,the truth often hurts

Answer 6

While he is a total j@ck@ss it is

not illegal

sorry he did that to you....

Answer 7

Everything the doctor does or says, unless it is  something measured by an instrument (temperature, blood pressure) is his/her opinion. That's why you go to a doctor, or your opinion would be as good as his/hers. Apparent age is an important element of a preliminary assessment of a patient. It can suggest certain conditions or that the patient has not taken good care of her body. Stop looking for free money and being so sensitive about your looks. Maybe you should be taking better care of yourself.

Answer 8

I always understood that this was the reason for a summary, and is intended for any comments that are factual, and perhaps relevant. Much as it may hurt.. an overall observation is needed, beyond the facts. Things like "appears tired" is an indicator of overall health.

In medical records, doctors learn that they cannot be concerned with sensitivity on the patient's part, or if opinions might be hurtful. He would actually be wrong if he did allow himself to do that.

Not illegal.  

Answer 9

How pathetic - get a treadmill

Answer 10

Of course it's legal, it's his opinion, just as your opinion is your opinion. It might be libellous if he published that for all and sundry to see, but he hasn't.

Answer 11

that is not opinion. it might not appeal to your sense of vanity but it is his professional opinion.

if you don't like it, the better thing to do instead of seeking a lawyer, is to seek a second opinion on your weight and other health issues that are making you look older.

then follow their advice religiously until enough years go by that you have recovered.

Answer 12

It is not illegal, his personal opinion in your discharge summary is entirely legal.

Your overall appearance is often indicative of your health.