Have you Been Charged with Willful Destruction, Alteration, or Falsification of Medical Records in Georgia?
Our United States Constitution requires that every person is entitled to a fair trial. Destruction of alteration of medical records is in direct violation of that right. However, mistakes happen and just because you have been charged with a crime does not mean you will be convicted. Our team of Georgia Willful Destruction Attorneys will examine your case and develop the best defense for your case. Contact us now for a free case evaluation.
O.C.G.A. §16-10-94.1
A person will be guilty of destruction, alteration, or falsification of medical records when they knowingly and willfully destroy, alter, or falsify any record with the intent to conceal any material fact relating to a potential claim or cause of action.
Therefore, the statute can be violated in three different ways:
- Destroying
- Altering, or
- Falsifying
If a person does any of these to medical records with intent to conceal material facts, then they will be guilty of a crime.
The Penalty for Willful Destruction, Alteration, or Falsification of Medical Records in Georgia
A person convicted of destruction, alteration, or falsification of medical records will be guilty of a misdemeanor. In Georgia, misdemeanor convictions carry a penalty of up to 12 months in jail, up to a $1,000 fine, or both.
Georgia Defenses to Willful Destruction, Alteration, or Falsification of Medical Records
It was an accident: If records were accidentally destroyed, that could be a defense. For example, if there were documents that needed to be shredded, but another record got mixed up with them and was accidentally shredded, that may be sufficient. However, there would need to be direct testimony backing this up or else it may seem like evidence was purposefully destroyed.
Lack of intent: The statute requires that the accused interfere with the documents knowingly and willfully with the intent to conceal essential details. If there is no evidence of intent to hide or change details, that would be another acceptable argument.
The document was not altered or falsified: Evidence that demonstrates that the records are accurate would negate a claim.
It was not a material fact: Whether or not the information concealed was a material fact might be a question for the jury. If they deemed it was immaterial, then the accused may not be guilty of violating any laws.
Innocence: Proof that you were not the person who handled the records would be greatly beneficial.
What are not Defenses
There was no claim: Even if the records dealt with a potential claim, that would be enough to be convicted.
It was just a little change: It does not matter how small the difference might seem. If it dealt with a material fact, then that will be enough to have violated this statute.
Contact Us
No matter the crime, our Georgia Attorneys can help. If you have been charged with destruction of medical records in Georgia, we are here to assist with your case. Contact us today to start building your defense.
