Problems caused by doctor's failure to present medical records...

by Joe
(Orlando, Florida)

On 8-13-14, I had an allergic reaction to epoxy received from my previous job. That day I tried setting up an appointment through a referral line, because my doctor who has treated me for 6+ years was no longer in family practice. In order to see me, the doctors needed my medical records.

Myself, the doctors, and now the Department of Health (DOH) have been trying to get my medical records since then. This has caused a delay of treatment resulting in a host of medical and financial issues, including but not limited to inability to work, visits to the ER, and multiple doctor visits and prescriptions.

The DOH is currently investigating the matter, and the doctor has already missed the deadline of October 15th, with a new deadline of November 15th to answer to the board why he did not present the medical records.

Now if those medical records are lost, even more financial damage will be done due to the host of medical tests that will need to be done. Please let me know my legal standing on this matter. Can I do anything to get these costs covered? Thanks.

Visitor Question:
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ANSWER for "Problems caused by doctor's failure to present medical records...":

Joe (Orlando, Florida):

Read more about the complaint process at Florida's Medical Board website. There you will be able to file a complaint against the doctor. The Board will send the doctor a notice compelling him to turn over your medical records. If the doctor fails to do so, his medical license may be suspended, or at a minimum, his record will be tarnished.

You can also file a lawsuit against him in small claims court. You won't need an attorney. At small claims court you can ask the clerk to issue a subpoena duces tecum which is a court order compelling the doctor to bring to court with him your medical records.

If he fails to do so, the judge can hold the doctor in contempt of court and fine him, or actually incarcerate him until such time as he turns over your medical records.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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