Medical Malpractice Attorneys and Lawyers

How can you get a medical facility to release your records?

I need medical records released to my lawer, to be used in court. Even my lawyer is having difficulty getting responses from some of the doctors and facilities that have treated me, even though I have signed releases. Does anyone know of anything else I can do to force them to hurry up and release the records? It has been MONTHS! Already signed releases, made phone calls, even showed up in person. They keep putitng me off.

Public Comments

1. you have to sign a relase form, you may have to talk to someone in admissions or administration
2. Have your attorney subpeona them, or if that's already been done, ask the court to issue an order ordering those medical facilities to release your records.
3. Under HIPAA most medical professional now require that you use their forms of release. If you have been using your attorneys' forms, that may be the problem. If you have used their release, have your attorney issue out a Notice of Deposition Duces Tecum to the custodian of patient records at the facility and have it personally served. That is like a subpoena. If he doesn't show up in person with the records, he can be found in contempt of court. If the facility is a party to the lawsuit, you can have it served on the attorney representing that party, and it is just as good as personal service. If you are in federal court, your attorney may be at fault. Most of these things are required discovery at the filing of the lawsuit. ** Note: This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. Answering this question does not indicate an attorney-client relationship. **