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  1. #1
    Join Date
    Mar 2011
    Posts
    2

    Default Illegible Records

    I'm suing a dentist for failing to properly complete my course of treatment.

    In preparation of the trial, I have received from him a copy of my file. Which includes his handwritten notes and comments.

    His handwriting is illegible. I asked him to decipher some of the notes for me. But he refused.

    Is there some way I can force him to do that?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Illegible Records

    Sure. When he's on the witness stand you can present him with the records and ask him to read them to you. Depending upon the court you are in you may be able to obtain clarification through discovery - interrogatories or a deposition - although discovery is not available in all courts. As you were told when you posted, laws (and court procedures) vary by state.

  3. #3
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: Illegible Records

    Ah, since when can medical malpractice be in small claims? Basic discovery does not change between states.

    Of course there is discovery. You need to have a deposition and ask him what it all means. Take as many hours as necessary. Then if you can afford it, have an expert witness look at it too. Of course you have to pay for the court reporter and the transcript is going to cost a bundle if the deposition goes very long.

    You are apparently pro se. Although you can NOT get an award of attorney fees, if you win you can get an award of costs generally which would include all the deposition costs.

    You likely are going to need a qualified expert witness to testify about the treatment. Most states also require a statement from counsel that an investigation has been completed and the cause is justifiable. You better check the medical action requirements in your state or you will get summary dismissed.

  4. #4
    Join Date
    Mar 2011
    Posts
    2

    Default Re: Illegible Records

    Thanks, Mr KIA. Never thought about asking him on the witness stand. Although it'd be much better for me to know in advance.

    "Interrogatories". A new word for me. Yes, seems that is the kind of thing that I need. I will check if our court procedures allow that.

    Thank you very much, again.

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