Legal Question in Medical Malpractice in New Jersey

Re: medical records

I am sorry for your loss which seems it may have been avoidable.

With respect to your inquiry, first, a patient or their duly authorized representatives are absolutely entitled to the records. The fact that you are getting a run around is of course a red flag.

I agree with the other attorneys that have answered your question that this circumstance is best dealt with by an attorney, but if you wish to start the inquiry yourself you are entitled to the records.

A condition of a medical license is to not only maintain records but also to provide them upon request. This is part of the New Jersey Administrative Code 13:35-6.5. The Code specifically requires that the records be provided within 30 days upon request.

Normally a doctor will understand this obligation and honor it. There are several means of redress if they do not, criminally, civlilly or administratively. I would be happy to discuss this with you rather than give a discourse here.

I do suggest you consult an attorney. However picking the right attorney(s) is as important as making the decision to go to one. Make sure that the firm or individual has extensive experience in malpractice and NJ law. I can say that we have those qualifications and would be happy to help.

Please feel free to contact me at 800-34 NJ LAW.

Regards.

Re: medical records

The best advice would be that you need to retain an attorney on behalf of your mother, as soon as possible. (Please contact me, see below, if you wish to discuss retaining my services.)

Medical malpractice law is not a "do it yourself" job.

Your attorney can take the appropriate steps to protect your mother's legal interests, and to pursue her claim.

By trying to "do it yourself", you may make a serious mistake which could jeopardize your mother's legal case.

I strongly recommend that you consult with an attorney immediately so that you can explore your legal rights, obligations, and options. If you wish to discuss retaining my services, contact me at:

[email protected]

(973)-605-8995

(*Licensed in New Jersey, Maryland, and Dist. of Columbia)

[Disclaimer: The above comments are not intended as nor should they be relied upon as "legal advice", which can only be obtained by personal consultation with a retained attorney; at which time the specific facts and circumstances of your case can be thoroughly evaluated. This reply is provided for general informational and educational purposes only, and does not create an attorney-client relationship with the responding attorney.]

Re: medical records

You are certainly entitled to your mother's medical records. If it turns out that the records were either not kept or were never made that is a violation of the law and the doctor may be punished under criminal laws.

As far as a civil case goes, there seems to be something there although the case cannot be assessed without a review of the medical records by both myself and a medical professional. I would be happy to speak with you (at no cost) regarding a possible case on your mother's behalf. Additionally I can give you some pointers in regards to getting ahold of her medical records (or get them for you if I am retained as your attorney).

Please give me a call at your earliest convenience toll-free at (888)997-2354 or at (917)699-6444.