Legal Question in Medical Malpractice in New York

lost medical records--prostate cancer surgery

I was tested for PSA blood and physical for prostate cancer in early 2003. Received no findings. Took a comprehensive physical including another PSA for pros cancer seven months later at different physician office. Diagnosed with prostate cancer. Had radical prostate surgery. Left with permanent aftereffects of surgery. Contacted first physician for results of first PSA, prior to surgery and again later after recovery. Repeatedly told unable to find records. I feel an earlier report could have avoided the surgery or at least given me time to make other decision. I started questioning and visiting the first physician months after I recuperated from surgery. Since then I have had two inguinal hernia surgeries due to weakening of abdominals from cancer surgery. Is 2 and half year statute of limitation possibly extended ? Can the first physician be forced to submit documents of my initial exam ?


Asked on 12/09/06, 2:10 pm

1 Answer from Attorneys
Jason A. Richman Jason A. Richman, Esq.

Re: lost medical records--prostate cancer surgery

A statute of limitations can be worked with depending on circumstances. Those circumstances that can make a difference are very limited however. You can certainly get the records if they exist. And they should exist. If you would like some help please feel free to email me.

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Answered on 12/11/06, 9:55 am


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