You may have a reasonable suspicion that your medical provider failed to meet the standard of care upheld in the New York medical community, which meant your health condition unnecessarily progressed or became more complex while you were under their direct care. You may ask yourself how you can prove these suspicions, and that your health condition did not simply run its natural course. Well, the answer to your question most likely lies within your allocated medical records. The New York civil court may have the same question during your medical malpractice case proceedings, so you must use these medical records to provide the sought clarity. Read on to discover why medical records are so important for your upcoming case and how a seasoned New York City medical malpractice attorney at Mark L. Bodner, P.C., can assist you in obtaining a sufficient amount to satisfy your burden of proof.
Why are medical records so important for my medical malpractice case?
As insinuated above, as the plaintiff of a medical malpractice claim, you carry a burden of proof. You must satisfy this burden by presenting substantial evidence to the New York civil court that demonstrates how your medical provider (i.e., the defendant) owed you a duty of care, breached their duty of care by acting negligently, and caused you subsequent injuries, illnesses, economic damages, and non-economic damages.
And so, being that this is a medical malpractice claim rather than a standard personal injury claim, your medical records are overwhelmingly the most critical evidence you can bring forward. This evidence may accomplish things such as time-stamping your admissions and discharges in which you were under the medical provider’s care, along with your original and official diagnosis, lab and imaging test results, prescribed medications, surgical procedures and treatment programs, and much more.
How do I obtain my medical records for my medical malpractice case?
You must understand that under the Health Insurance Portability and Accountability Act (HIPAA), you have the right to obtain copies of all your personal medical records. So, if your medical provider (i.e., the defendant or another relevant party) refuses to release these records to you, this is an overt violation of federal law. This is when you may get your legal counsel involved. They may work on your behalf to send a HIPAA-compliant release or subpoena your medical records when deemed necessary.
From here, your legal representative may also acquire a medical expert to work on your team. This expert may work to interpret the oftentimes complex data and information that fills your medical records. Also importantly, they may flag any areas where they have a valid reason to believe that your medical records were purposefully left incomplete or otherwise tampered with. This may be grounds to accuse the defendant or another relevant party of fraudulent concealment, which may allow you to sue further for punitive damages.
When it comes to your medical malpractice lawsuit, you should not settle for anything less than spectacular legal representation. So please hire us for your claim proceedings. A competent New York City medical malpractice attorney at Mark L. Bodner, P.C., looks forward to working with you.