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Delayed medical records prevents law suit

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legallayman

Junior Member
What is the name of your state? Nevada

My doctor took months to turn over my medical records after my written request. Thus when I finally obtained these the statute of limitations had run and I was unable to file my defective drug law suit. Do I have a medical malpractice case?
 


rmet4nzkx

Senior Member
legallayman said:
What is the name of your state? Nevada

My doctor took months to turn over my medical records after my written request. Thus when I finally obtained these the statute of limitations had run and I was unable to file my defective drug law suit. Do I have a medical malpractice case?
If you had a valid lawsuit you wouldn't have been pro per and you would also have known that you could have filed your lawsuit months ago before they filed Chapter 11
legallayman said:
What is the name of your state? Nevada

Can I legally attempt to settle a law suit against a New Jersey Co. before I serve that Complaint which has already been filed? I filed it to stay within the statue of limitations but I intend to amend it before serving it which I understand I have 120 days to do.
legallayman said:
On 8/15/05 I filed a law suit pro se in Nevada against an incorporated New Jersey business. This was just prior to the running of the statute of limitations on 8/20/05. Then unexpectedly I received a letter from their attorney informing me that on 8/10/05 they filed a chapter 11 bankruptcy petition. Thus he states that:
"the law suit you filed was filed in violation of the automatic stay imposed upon the chapter 11 bankruptcy filing for the company. Actions taken in violation of the automatic stay are void and the law does not allow you to take any further action in prosecution of this law suit without express authority from the bankruptcy court in New Jersey. Under 11 U.S.C. 362(h), an individual or entity injured by a willful violation of the automatic stay may recover its costs and attorney's fees against the party that has taken improper action in violation of the law. For these reasons, (the company) requests that you immediately inform the district court in Nevada of the filing of the debtor's chapter 11 petition and file a dismissal of this case."
Is this correct? Can they turn the tables on me like this? Should I dimiss my law suit? If I do can they then turn around and stick me with their costs and attorney's fees? If I do and then seek permission from the bankruptcy court in New Jersey, the statute of limitations will have run. Must I pay an attorney in New Jersey to seek this permission for me or can it be done through the mail? Please give me some expert advice on what action I should take assap!
NO you don't have a malpractice case.
 

ellencee

Senior Member
legallayman
I wish we could keep your thread alive for all of the future posters who begin by requesting their records instead of beginning with a free consultation with an attorney. An attorney would have been able to get the records in a timely manner and would have avoided all of the other complications.

While you may not have a medmal claim against the MD who did not send your records in a timely manner, you do have an MD who violated federal law by not providing you with your records within 30 days of your request and failed to provide you with a written explanation as to why he could not comply. The federal law to which I refer is commonly referred to as HIPAA. Maybe you can gain some satisfaction by pursuing this through the Office of Civil Rights (federal level). You can contact the OCR through HIPAA's website.

Best wishes,
EC
 

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