If a medical provider does not provide the medical file in a car accident lawsuit, can the medical provider be sued?
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If a medical provider does not provide the medical file in a car accident lawsuit, can the medical provider be sued?
Asked on November 16, 2015 under Malpractice Law, Ohio
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
If legal process has been sent directly to the provider (e.g. a subpoena) to get the file and the provider ignored the legal process, then a motion may be filed with the court to sanction (punish) the provide, such as by or with "contempt of court," for the failure.
If no legal process was sent directly to the provider, but was instead sent to the injured person and that person hasn't provided the file, then the recourse is to ask the court to sanction that person (the injured party).
If this does not answer your question, you should repost it with more information or detail.
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