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release of medical records

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M

mrstt45

Guest
What is the name of your state? oklahoma
my mother wa diagnosised with gallbladder problems, but her signs and symptons indicated something else. Being a nurse i went with my mother on Dr. visits and we requested her pcp refer her to a GI dr. because there is a hx of colon/stomach cancer in her family. This went on for several months, without the referrel. Well my mother died about 6 months later of stomach/colon cancer. The PCP discharged her as a patient for "non-compliance" because she wanted a second opinion before consenting to surgery for removal of the gallbladder. My problem is due to our state law uless someone else reads medical records and say we have a case of misdiagnosis we cant go to court. The Dr.s will not release the records to us without probating her estate,for a heffty fee and i can't afford it she only had a half acre of land. Being a natural child i thought i was intitle to these records especially since she put me down as a person to release information to. They are claiming Hipaa, is there a grandfather clause to this, she died in 2001 before hipaa. I filed and got the year extention to refile my case i did it myself pro se but i have less than three weeks to get it refiled but without he records i can't proceed and due tho the cost and time no lawyer will help unless i got records. Help!!!!!
 


ellencee

Senior Member
mrstt45
Time is not on your side.

All along, your mother's medical records were yours to review and a copy was yours to have for your pro se lawsuit against the physician. All you had to do was follow the Oklahoma rules of civil procedure: send a request for the records for inspection and review, allow sufficient time for a denial of your request, attempt to resolve the dispute, and if necessary obtain the records via a subpoena duces tecum!

You also needed the records reviewed by a medical expert of the same qualifications and practice as the treating MD who wanted to remove her gallbladder. You may have needed a review of x-rays by an expert radiologist, too.

If the tests (x-rays, bloodwork, etc.) indicated or revealed a malignant process and the surgeon or radiologist failed to diagnose and treat the malignancy, you would have had a fair chance at successful litigation IF YOU HAD HIRED AN ATTORNEY.

Do you not realize that the surgeon would have been represented by his liability insurance carrier's attorneys? You would have been spinning in circles by the time you received their responses to each word contained in any correspondence you issued. Five minutes in court with the judge and the defense would have had your case dismissed and you paying the defense attorneys' fees and all associated costs.

If your mother had allowed the surgeon to remove her gallbladder, it is possible (if not probable) that the surgeon would have visualized indicators of the malignancy. Not allowing the procedure possibly contributed to the outcome.

File for a dismissal of your case or let the time run out. I don't know if the defense can seek any fees, court costs, expenses, etc. from you or not. It may be a good idea to post questions on dismissing a civil case; there is a civil procedure/law section to this forum.

(FYI--HIPAA became law in 1996)

Best wishes,
EC
 
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