Can I be denied a copy of my medical records if I owe the provider money?
No, under HIPAA, a medical provider cannot deny you a copy of your medical records because you have not paid for the services you have received.
Medical Malpractice FAQ
What if I disagree with information contained in my medical records?
If you think the information in your medical record is not correct, you can request that the medical provider who created the record, correct or amend the information that is wrong. If they disagree with you, you have the right to submit a statement that you disagree with the information and the medical provider must … Continue reading
In Texas, what is the statute of limitations for minors to bring medical malpractice claims?
The legislature has passed a law that says everyone, including minors, must bring a medical negligence claim within two years of the date of injury. Courts have held this statute of limitations is unconstitutional if it cuts off a minor’s right to bring suit before the expiration of two years following their 18th birthday. Recently, … Continue reading
Do I have to pay for a copy of my medical records?
Most of the time, yes. Some doctors and hospitals will provide you with free copies, but most of the time, you will be charged. Federal law says the cost should be “reasonable” but does not say exactly what that cost should be. Regarding records from doctors, in Texas, the fees for physician records are set … Continue reading
Will I have to go to court?
In many instances where the documented evidence is strong, the defendant(s) will offer a settlement rather than proceed into court. If an agreement can be reached during these discussions, there is no need to appear in court.
Who can be sued for medical malpractice?
In Texas, a healthcare provider may be sued for medical malpractice. A healthcare provider can be a business such as a hospital, nursing home or emergency medical services provider. A healthcare provider can also be an individual such as a doctor, nurse, dentist, podiatrist, pharmacist, or optometist. If the person who committed the malpractice is … Continue reading
What types of evidence do I need in medical malpractice cases?
You will generally need medical records pertinent to the injury or issues of the case. Many providers charge per page for providing copies of the records, and some are able to provide records on electronic disc for a flat fee. The other evidence most states require is the testimony of an expert and some states … Continue reading
Can a failure to read test results properly lead to a medical malpractice claim?
Possibly, if the failure to read test results properly was below the standard of care and that failure resulted in harm that would not have otherwise occurred. Similar to the issue of misdiagnosis, a medical malpractice attorney can help review the documentation and evidence to help you determine if you have a case.
Do I need an expert to establish that the treatment I received constituted medical malpractice?
Yes, most states require the testimony of an expert with credentials similar to those of the medical providers being sued. For example, a nurse should testify about what a nurse did wrong, and a doctor should testify about what a doctor did wrong. If that healthcare provider is not a doctor, usually a doctor will need to … Continue reading
What is the statute of limitations for a medical malpractice lawsuit?
Medical malpractice claims generally fall under the category of personal injury claims with many states even having special laws specifically for medical negligence cases. Each state has its own statute of limitation for filing personal injury and medical malpractice claims. Generally, this will be one or two years from the date of the injury, but it is … Continue reading
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