Okay... First above all this should help you out
When examining this from a legal perspective, I would suggest you request in writing a Notice to Release records here is the following suggested format
NOTICE TO RELEASE MEDICAL RECORDS
Pursuant to section §123100 Of the Health and Safety Code of the State of California, this notice is being sent to request copies of the Medical Records for (Name of Patient) on (Date of Hospitalization) at (Name of Hospital) being stored or housed at (address of hospital). (State your authority to request the records)
Scope of Access Requested
All documentation (Enter Hospital) and / or (Doctor's Name), including the other physician's original patient records, now has to the date of this notice with respect to the patients' confidential Medical Records pertaining to the patient, including but not limited to medical charts, lab results, hospital records, consent documents, financial documents,x-rays and information on who has viewed the documents, and or where such information has been viewed, sent to, or divulged by electronic means. If such records do not exist or are missing please indicate in writing as to the reasons why such documentation is unavailable or missing.
Time Sensitive
Statutory provisions entail that (Insert Hospital) to have ready all documents requested, no later than (5) Five days from the date of this notice to release the original records.
Patient Summary
Due to the nature of the request for medical records, which shall be withheld at this time, a physician summary will not suffice. If summary is presented it may force the requestors to get a court order to release the original documents that are so requested.
Costs of Copies
It is agreed that such documentation as so requested above will include reasonable clerical fees which the patient will agree to pay.
Additional Request to Limit Access
After such records, this request shall also serve as notice to limit access to such records and access shall be limited and not be disclosed without the written permission of the patient.
I duly swear that I am the person below under penalty of perjury signed this, the _______day of _________ in the city of ____________, in the State of _________, in the United States. I swear by penalty of perjury that I have the rights to access such files.
__________________________ ____________
(Relationship) Date
This is a general format, just fill in the information as it applies to you... Second, Mal-practice requeires that a standard of care has been breached. Here is the BAJI essentials that you must look at when it comes to Mal-practice... If you feel like you answer this as true then contact an attorney today because of there is limitations of time and filing procedure.
Essential Factual Elements
In medical malpractice or professional negligence cases.
Sources and Authority
c From a theoretical standpoint, “medical negligence” is still considered
“negligence”: “With respect to professionals, their specialized education
and training do not serve to impose an increased duty of care but
rather are considered additional ‘circumstances’ relevant to an overall
assessment of what constitutes ‘ordinary prudence’ in a particular
situation.” (Flowers v. Torrance Memorial Hospital Medical Center
(1994) 8 Cal.4th 992, 997–998, [35 Cal.Rptr.2d 685, 884 P.2d 142].)
Accordingly, “ince the standard of care remains constant in terms of
‘ordinary prudence,’ it is clear that denominating a cause of action as
one for ‘professional negligence’ does not transmute its underlying
character. For substantive purposes, it merely serves to establish the
basis by which ‘ordinary prudence’ will be calculated and the
defendant’s conduct evaluated.” (Flowers, supra, 8 Cal.4th at p. 998.)
c The distinction between “professional” as opposed to “ordinary”
negligence is relevant in relation to certain statutory provisions such as
the statute of limitations and Medical Injury Compensation Reform Act
(MICRA). (Flowers, supra, at pp. 998–999.)
c Code of Civil Procedure section 340.5, which sets the statute of
limitations for medical malpractice cases based on professional
negligence, and Civil Code sections 3333.1 and 3333.2 (MICRA)
define “professional negligence” as “a negligent act or omission to act
by a health care provider in the rendering of professional services,
which act or omission is the proximate cause of a personal injury or
wrongful death, provided that such services are within the scope of
services for which the provider is licensed and which are not within
any restriction imposed by the licensing agency or licensed hospital.”
The statutory definition of “professional negligence” “focuses on
whether the negligence occurs in the rendering of professional services,
rather than whether a high or low level of skill is required. [Citation.]”
(Bellamy v. Appellate Dep’t of the Superior Court (1996) 50
Cal.App.4th 797, 807 [57 Cal.Rptr.2d 894.)
c A formal physician-patient relationship is not always a prerequisite to
bringing a malpractice action: “[E]ven in the absence of a physicianpatient
relationship, a physician has liability to an examinee for
negligence or professional malpractice for injuries incurred during the
examination itself.” (Mero v. Sadoff (1995) 31 Cal.App.4th 1466,
1478.)