Due to missing evidence and loss of previous tests I was denied disability, is there anything I can do?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Due to missing evidence and loss of previous tests I was denied disability, is there anything I can do?
My hospital has misfiled some of my medical records and lost an entire year of records. I have the bills for missing dates but no records. Would the hospital have to repeat any tests free of charge? Compensate for time lost for disability payments?
Asked on October 24, 2018 under Malpractice Law, Alabama
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
They do not have to compensate you for lost disability, because they are not suffiiciently in control of the decison to grant you disability (i.e. they don't make the final decision; also, even if the records, you could have denied) and are not obligated by law to maintain records for this purpose. With no duty to keep the records for this reason and insufficient control over the outcome, they are not liable.
You maybe able to force them to repeat tests, etc. for free, but if they won't do so voluntarily, you'd have to sue them to make them pay and prove that they were negligent (careless) in how they kept the records). You'd have to decide whether legal action for that purpose is worth it to you.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.