How doI obtain pertinent “missing” medical records if a subpoena is being ignored?
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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 13 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.
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