Due to missing evidence and loss of previous tests I was denied disability, is there anything I can do?

UPDATED: Oct 1, 2022

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Due to missing evidence and loss of previous tests I was denied disability, is there anything I can do?

My hospital has misfiled some of my medical records and lost an entire year of records. I have the bills for missing dates but no records. Would the hospital have to repeat any tests free of charge? Compensate for time lost for disability payments?

Asked on October 24, 2018 under Malpractice Law, Alabama


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

They do not have to compensate you for lost disability, because they are not suffiiciently in control of the decison to grant you disability (i.e. they don't make the final decision; also, even if the records, you could have denied) and are not obligated by law to maintain records for this purpose. With no duty to keep the records for this reason and insufficient control over the outcome, they are not liable.
You maybe able to force them to repeat tests, etc. for free, but if they won't do so voluntarily, you'd have to sue them to make them pay and prove that they were negligent (careless) in how they kept the records). You'd have to decide whether legal action for that purpose is worth it to you.

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