What legal action can I take/who is responsible for lost medical records?

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What legal action can I take/who is responsible for lost medical records?

I am 30 years old and had back surgery in 09/09 (4 disks fused). Twice I have released my entire medical records from the hospital to Social Security for a disability case started over a year ago. Both times the records were “lost” and never returned to sender.  This has resulted in postponing my disability hearing twice. In the meantime I’m going hungry, getting further in debt, and have absolutely no money whatsoever. It would help tremendously if I knew who would be responsible and why twice they have failed to be returned to sender. What do I do?

Asked on February 4, 2011 under Malpractice Law, Colorado

Answers:

Joyce Sweinberg / Joyce J. Sweinberg

Answered 10 years ago | Contributor

Some thoughts:  You can have the records released to you, so that you have a complete copy of them.  If you can get someone to take you to the hearing office, ask that the secretary make a copy of the records for the file...in other words, hand deliver them if they will allow you to do this. I realize that your funds are short, but you could also make a copy yourself and take them there, but keep at least one copy so you have it for the next hearing. I assume you do not have an attorney handling this for you because if you do, he or she should be handling this problem for you. Good luck to you.


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