Order Allow,Deny Deny from all Should I obtain my own medical records or should I get an attorney to obtain them for me? | Jay Cooper Law Office

Attorney at Law since 1986

Florida Circuit Civil Mediator & Qualified Arbitrator


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This is often a matter of strategy for the individual attorney and the client involved. My own practice is to use my client to obtain the medical records that they are entitled to before we give any formal notice to the other side that we are contemplating a medical malpractice action. There’s also a vehicle where you send a specific letter to the doctor or hospital that you feel was negligent. That letter sites a specific statute and gives the medical provider 10 days to produce their chart and I mean everything. Cover to cover. Sticky notes. Telephone messages. Anything that might be in the patient’s records or chart.

The problem with giving formal notice is the doctor or the doctor’s lawyer takes one look at it and says, “well this is an action for medical malpractice. Now we better start gathering up the records and see what’s in them and maybe we’ll give them everything and maybe we won’t.” I’m not trying to ascribe any evil motives to anybody on the other side but often times the easiest way to travel is to have your client get the records up front so that your experts can take a look and come up with an initial opinion.