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Attorney Disbarred for Falsifying Medical Records
Daniel McCarthy, a Delaware attorney representing a doctor in a medical malpractice case, has been disbarred from practicing law by the Supreme Court of Delaware. In an October 23, 2017 order, the Board on Professional Responsibility stated that they had found that McCarthy committed intentional misconduct that included the failure to disclose altered medical records and the failure to disclose his client's fraudulent conduct and to correct her false testimony.
When the plaintiff in the case in question requested the medical records from the malpractice incident, McCarthy passed along two altered medical records. In one, the physician’s assistant changed the location of the injury in the record and the second added a sentence that covered the doctor and placed the blame on the victim of the malpractice. The Board found that “the altered medical records were of significant evidentiary value from the perspective of plaintiff's counsel and impacted the amount of the jury verdict.”
The Board concluded that the McCarthy’s “actions in this matter were at best dishonest and at worst criminal which resulted in actual and potential harm to the litigants, the judicial process and the public."