How do I obtain my medical records in full?
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How do I obtain my medical records in full?
My doctor’s office claims it can only give 6 years of medical history. I have gone over my mother’s files with her and have found a multitude of misdoings and mistakes made by the doctor and staff that were potentially life threatening. What are the chances of making/winning a medical malpractice case?
Asked on November 23, 2015 under Malpractice Law, Michigan
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
In your state, doctors are only required by statute (e.g. section 333.16213 of the public health code) to keep records for 7 years, so it's quite possible, depending on the exact dates of service, that 6 years of records are all they legitimately have. Furthermore, the statute of limitations, or time within which to bring a lawsuit, for medical malpractice in your state is only 2 years from the date of the injury caused by malpractice (this can sometimes be extended if the patient did not find out, and reasonably could not have found out, about the injury until later), so you can't bring a lawsuit for 18+ years of treatment, anyway--only the last two or so years.
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