Medical Records, etc...

[diamond123]

What is the name of your state? MO

Sorry I am starting another post, but this is new and I really don't know what to do.

This happened in IL

Can I sue for any of the things listed below?...If so, what type of attorney do I contact? I am not sure if this falls under medical malpractice or something different.

From the time I signed the release forms it has been over 3 months, I still have not received all of my medical records. ( Example pg 3 might be missing out of page 1-5). I also have to pay for the records.

After I old the hospital I was going to contact an attorney for malpractice. In the 3rd set of medical records two sheets. I did NOT sign, it is very easy to tell. One of the sheets that is NOT my signature has a place for a witness to sign ( it is blank) says that I can not sue the hospital, drs, etc.

When I complained about the signatures they told me to send them to the hospitals Privacy Officer. Also, my complaint about my medical records. I have done that.

What is a Privacy Officer?

So, I am asking do I have a case?

 

[seniorjudge]

...

Sorry I am starting another post, but this is new and I really don't know what to do.

....

Here's what to do: Post this question in one of the other threads you started on this question.

Double posting is rude.

 

[diamond123]

I tried

to delete my other thread but it is closed. So, I couldn't post this or delete the other thread.

 

[ecmst12]

You don't want to DELETE your previous thread, in any case. Then the history of your questions on the subject will be gone.

This forum has answered all the questions we really can about your situation. That's why (I'm guessing) your thread got closed. You need to have a lawyer review your files in detail and ask your questions to him. Most likely, the answer will be no, you don't have a strong enough case to sue, or your damages are not great enough to be worth the cost. But hearing it from a lawyer in person may help you to accept it better.

 

[diamond123]

Thank you for your help

I guess is what I am asking is Medical Records different than Medical Malpractice?

Can I sue for Medical Record Problems only?...If so, what type of attorney do I need?

Or does Medical Records also fall under medical malpractice?

 

[barry1817]

can you sue

I guess is what I am asking is Medical Records different than Medical Malpractice?

Can I sue for Medical Record Problems only?...If so, what type of attorney do I need?

Or does Medical Records also fall under medical malpractice?

You can sue for anything, but that doesn't mean you have a case or that anybody wants to spend the time or money to pursue it.

So what are your damages? Might be more worthwhile to seek to deal with the medical board for your state and start asking questions there as to if this is ethical behavior, and it a complaint would even be pursued.

 

[diamond123]

Here are some of my damages

In my medical records only

My bill that I have to pay for which list my medications do not match the medications in my medical records.

A signature that is NOT MINE says that I can't sue the hospital or any of their employee's.

After 5 months I still have not received all of my medical records.

I have written several times and I am not getting any help from the hospital to correct these problems.

What type of attorney do I need to settle this mess?

I don't think a medical malpractice attorney will take the case with the sheet of paper that says I won't sue the hospital. Why would I sign something like that?

 

[longsally111]

Diamond,

here is what you do. Send a letter to the hospital medical records department or better yet, to administration return receipt. Let them know that you have requested records and have not recieved them and send them a copy of proof you paid for them. Tell them that they have 10 business days to get your complete records to you.

You cannot sue someone over incomplete medical records that are sent. I should rephrase that. You can but you would be laughed out of court. You can sue for signatures not matching but again, what are your damages? You have to have damages to sue someone. All the rest is crap that will cost you for an attorney and in the end, you will win nothing.

Good luck

 

[diamond123]

Thanks for the help

The damage as far as the medical records ( or part of the damages) are one of the signatures that are not mine says I can not sue the hospital, doctor's etc.

Will an attorney even look at my records with that signature? OR do I have to somehow prove that is NOT my signature first?

Off subject a little..but,

I was hospitalized for taking Neurontin almost two years ago for 5 days. This is in my records. The doctors and hospitals gave me Neurontin again. Isn't this malpractice? But, with that signature that says I can't sue( that again is not mine) what do I do?

 

[ecmst12]

Even if you DID sign the paper, you can't legally sign away your right to sue for true cases of negligence. The waiver is likely meaningless.

 

[las365]

Diamond, have you seen an attorney at all yet? One consultation would allow you to ask your questions of someone who practices in your area.

You've asked a few times: the kind of attorney you should talk to is a medical malpractice attorney. He or she could also answer your questions about the remedies you do or don't have in relation to obtaning your records and your allegations of forgeries and missing pages.

 

[diamond123]

Thanks everyone

I wanted to have some answers before talking to an attorney and everyone has helped alot.

I was stupid and thougth I could talk to the dr's and hospital without an attorney and they would be fair. Everything seems so black and white to me. I have never tried to sue anyone ( could have in a car accident) but, we felt the insurance company was fair so we didn't. We took their first offer and didn't ask for a dime more ( and we could have) I guess I was expecting the same this time.

I am not looking to get rich and I am not a sue happy person so I wasn't wanting to sue. I just wanted the hospital I guess to treat me like a person and not a number. ( I hope that makes since). They don't even care that this has extremely hurt me and that is not counting the hurt my family has went through.