Medical Malpractice Cases – The Importance of Requesting Medical Records Early
If you or a loved one have suffered injury as a result of suspected medical malpractice, it is imperative that you begin the process of requesting a complete copy of the pertinent medical records as soon as possible.
In addition to the statute of limitations for general personal injury actions (which limits the time in which you may bring a claim) many states have statutes of limitations or notice or filing requirements that apply specifically to medical malpractice actions.
These additional requirements often mean that you need to get your potential medical malpractice action reviewed by an attorney months before your statute of limitations is set to expire so that they have time to review the medical records and obtain a medical expert review well in advance of any deadlines.
Requesting medical records can be a time consuming and frustrating endeavor. It can take months to receive a complete copy of the medical records you need for the purpose of a medical/legal review. That’s why you should begin the process of requesting these records as soon as you become aware of or suspect medical malpractice. If you wait until a few months, weeks, or even days before your statute of limitation to request the medical records, it is more and more likely that you will not receive them in time to have them reviewed.
In potential birth injury cases, you will want to request a copy of your and your baby’s full medical records and you will likely need to specifically request the “labor and delivery” records and “fetal monitoring strips.”
In a potential surgical case, you will, at a minimum, want a full copy of the medical records from the facility where the surgery was performed including a copy of the operative report and any addendums to that report.
In a potential wrongful death matter caused by medical malpractice, you will want a full copy of the medical records in addition to a copy of the death certificate and a copy of the autopsy report (if one was performed).
In a potential cancer misdiagnosis (or missed diagnosis) case, you will want a full copy of your medical records from the provider responsible for the missed or misdiagnosis including all the progress notes, imaging, and lab results from your entire treatment history with them.
In a potential nursing home abuse or neglect matter, you will want a full copy of the resident’s medical records from the date of their first admission to the skilled nursing facility until present AND you will want a full copy of the medical records from any other nursing facility or hospital they were transferred to while they were a resident at the facility. Included in those complete records, you will want to make sure you have a full copy of any nursing notes, physical therapy notes, and occupational therapy notes.
If you or a loved one have suffered injury as a result of suspected medical malpractice, and you have questions regarding what records you need to request, please call us anytime. The call is free, and we are more than happy to help.
