documents missing from medical record

What is the name of your state? north carolina

My father died of massive hemmorhage following chest tube removal after by-pass surgery. One of the tubes was attached to the graft. An attorney we are no longer represented by requested my father's records, but there are several things missing including operative notes. How do I force the hosptial to certify that the record is true and accurate? OR produce the missing elements of the record?

Thanks.

[I AM ALWAYS LIABLE]

Originally posted by adams3733
What is the name of your state? north carolina

My father died of massive hemmorhage following chest tube removal after by-pass surgery. One of the tubes was attached to the graft. An attorney we are no longer represented by requested my father's records, but there are several things missing including operative notes. How do I force the hosptial to certify that the record is true and accurate? OR produce the missing elements of the record?

Thanks.

My response:

You can't "force" the hospital to give you complete records unless you're in the litigation process.

IAAL

Thanks for responding. Can you guide me to statute or case law that explains why the estate is not entitled to the complete medical record? It's hard to know whether or not to proceed with another attorney if we can't get the information to get the case certified?

Thanks.

[I AM ALWAYS LIABLE]

Originally posted by adams3733
Thanks for responding. Can you guide me to statute or case law that explains why the estate is not entitled to the complete medical record? It's hard to know whether or not to proceed with another attorney if we can't get the information to get the case certified?

Thanks.

My response:

The Estate is not entitled to the records at all (despite the fact that the hospital divulged any of it). The Estate isn't suing for medical malpractice and/or wrongful death. This means, that without a lawsuit being filed, the Estate, or anyone else for that matter, has no "legal standing" to demand anything from the hospital.

When, and if, litigation is commenced then, and only then, will the Custodian of Records be placed under oath stating that the records are complete. The same thing goes for the doctors and nurses who may have written the notes.

Until there's litigation, you can't make someone give you something that they don't want to give you - - and, even then, it's going to be a fight to get those illusive, and phantom, records. Remember CYA ?

IAAL

just in case anyone else is interested in this information.....

A couple of technicalities we've since discovered. If the legal representative requests specific documentation for specific dates, it must be released. For us, that means the information we knew existed and was missing originally had to be produced. We also got more of the record from contacting Medicare and Tri-Care. Before they pay large claims they ask for the info we wanted (oerative notes, etc.).

Also, the original films from all radiology (CXR, CT, MRI, etc.) are the property of the patient if the service has been paid for (even if it was paid for through insurance. They by law belong to us and once requested in that manner were received.

Just a start on a long road, but hopefully this inform will be useful to someone else.