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Procedure for Filing a Complaint or Petition to Obtain Medical Records

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  • 07-09-2010, 12:46 AM
    melindaybell
    Procedure for Filing a Complaint or Petition to Obtain Medical Records
    My question involves medical malpractice in the state of: Pennsylvania.

    I am attempting to file a medical malpractice suit against a previous health care provider. For a year now I have been attempting to obtain my medical records from that provider and he has not provided same.

    I have sent multiple requests via certified mail, return receipt requested and I received the green card back. I have sent the doctor multiple HIPAA compliant authorizations that have even been notarized. I have offered to sign whatever release form the doctor would require. I have offered to pay for any reasonable copying expenses. I didn't receive a response to any of the correspondence I sent the doctor, so I filed a claim once with the Feds and twice with the Pennsylvania State Department. They are both allegedly investigating my complaint.

    The doctor finally called me (after the Feds and the State contacted him) and said he was going to "look" for my records, but that was two weeks ago and I'm done waiting. My 7 year statute will run at the end of October 2010. I want to file a complaint or petition to obtain the records through the York County Court of Common Pleas. Can anyone point me to (at least) a Pennsylvania styled similar complaint to obtain medical records so I don't have to wing it?

    I'm a paralegal and have been through the court system in York County. I'm sure I could just slap something together, but I'd rather have a sample to use for reference.

    Thank you in advance for any assistance you can provide.

    -Melinda
  • 07-09-2010, 01:06 AM
    KeyWestDan
    Re: Procedure for Filing a Complaint or Petition to Obtain Medical Records - Pennsylv
    I do believe that you would have to file a civil action and use procedures in discovery to get those records. Records from federal, state and local government is covered by FOIA and that can be enforced. Without a civil action you have no foundation to force any citizen to do anything.

    If you have a 7 year SOL and you are close to it, then you have been really dilatory and have sabotaged your own case, probably beyond repair.

    You can NOT file a medical malpractice action pro se and you certainly can't do it in small claims.

    Oh, you could try and it won't get past a summary judgment motion.
  • 07-09-2010, 08:29 PM
    melindaybell
    Re: Procedure for Filing a Complaint or Petition to Obtain Medical Records
    Bueller? Bueller? Anybody....Bueller?

    Seriously guys....no one can answer this????

    :(
  • 07-09-2010, 09:31 PM
    Dogmatique
    Re: Procedure for Filing a Complaint or Petition to Obtain Medical Records
    bear in mind - we're VOLUNTEERS here. Many with families and lives outside of the boards :)


    What type of case is involved here?

    You speak about a medmal case...but you don't mention an attorney. Is there an attorney involved?
  • 07-09-2010, 09:54 PM
    KeyWestDan
    Re: Procedure for Filing a Complaint or Petition to Obtain Medical Records
    Are my responses invisible or something? I answer threads and people act like they got no answer. Maybe not the answer you want. You think we can turn back time? You think we can provide you an attorney? You think someone should just agree with you? What exactly do you expect?

    There is "no procedure" for doing what you want, other than having an attorney file a malpractice civil action and get it in discovery.

    Why do people on this board think there has got to be some special rule or law that is going to apply to their particular situation and help them out of a jam?
  • 07-10-2010, 07:47 AM
    lealea1005
    Re: Procedure for Filing a Complaint or Petition to Obtain Medical Records
    How old are the records?

    Is the Physician still in practicing in PA?
  • 07-15-2010, 01:38 PM
    medcoder&bill
    Re: Procedure for Filing a Complaint or Petition to Obtain Medical Records
    You are paralegal and you don't know how to file a complaint? What exactly are your complaints? As far as I know you have the right to obtain your medical record. It took 7 yrs? And after all those things you did you still dont have a copy of your record? All you need is an authorization from you to release your record. Something is not right. Maybe you shld have went to malpractice lawyer first so they can get the release authorization from you.
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