If a medical provider does not provide the medical file in a car accident lawsuit, can the medical provider be sued?

Asked on November 16, 2015 under Malpractice Law, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If legal process has been sent directly to the provider (e.g. a subpoena) to get the file and the provider ignored the legal process, then a motion may be filed with the court to sanction (punish) the provide, such as by or with "contempt of court," for the failure.
If no legal process was sent directly to the provider, but was instead sent to the injured person and that person hasn't provided the file, then the recourse is to ask the court to sanction that person (the injured party).
If this does not answer your question, you should repost it with more information or detail.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.