How doI obtain pertinent “missing” medical records if a subpoena is being ignored?

Get Legal Help Today

 Secured with SHA-256 Encryption

How doI obtain pertinent “missing” medical records if a subpoena is being ignored?

I am acting pro se in the medical/malpractice wrongful death case of my husband. Two doctors made two fatal “errors” and the hospital (or administration) has made the pertinent records “disappear”. I have subpoenaed (decus tecum) the legal department but subpoena was ignored. I requested the records 7 times, each time “Radiology” file said there are no records for this file. When I called, I was told there were 21 pages and that they would be mailed to me; I never got them. I called back and was told that they would be mailed again. I got one piece of paper – a chest x-ray. The oncologist failed to follow SOC for radiation post BMT. Should I speak with a malpractice attorney? In Salt Lake County, UT.

Asked on October 9, 2010 under Malpractice Law, Utah

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am sorry for your loss.  Yes, please go an seek help from an attorney in your area as soon as you can.   The consultation on these matters is generally free and the fee arrangement is known as a "contingency" fee, meaning that they get paid only if you get a settlement.  Court costs are generally not included.  Medical malpractice cases are one of the most difficult to have to sort through and to prosecute.  Although it is admirable that you are trying to do this alone it may be foolish in the long run.  You already seem to be getting the run around.  Are the subpoena's curt ordered (in some states they have to be for hospital records)?  If they do not comply you can ask the court to hold them in contempt. An attorney will be able to do so without a problem.  Good luck.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption