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Can you sue a doctor for losing your medical records?

Ignoring or delaying the release of medical records can be deadly when it prevents a patient from obtaining a second opinion that could save their lives.

If you suffered harm as a result of the doctor’s careless handling of your medical records, you may be able to sue. Don’t hesitate to get in touch with a Shrable Law Firm Americus medical malpractice lawyer

We have extensive experience in successfully managing medical malpractice claims and will evaluate your claim to determine what compensation you may be eligible for due to the negligence you experienced.

To schedule your free consultation, contact us online or you call (229) 349-6291. In the meantime, continue reading to learn more about what you can recover if your doctor lost your medical records.

Damages you may have suffered due to lost medical records

In addition to experiencing pain from having your treatment delayed when your medical records were lost, you likely also dealt with emotional distress and financial losses due to lost wages, medical expenses and more. You may be entitled to compensation to recover these and other damages or financial losses.

Reasons why doctors lose records

The consequences of a negligent medical provider losing or destroying your records can be devastating because it might prevent you from receiving the treatment you need. If your care is delayed, you might eventually need more intensive treatment than you would have otherwise.

can you sue a doctor for losing your medical records

The following are just two of the many possible reasons you could take legal action against the parties that mishandled your records.

Medical malpractice

If you suffered direct harm due to your lost or destroyed medical records, you may have cause to file a medical malpractice lawsuit. At the very least, the lost records imply that the doctor or healthcare facility was careless with your critically important paperwork.

If those records were deliberately destroyed, that could raise the possibility that this was done in an effort to shield the doctor/healthcare facility from liability, and they could then be charged with spoliation.

Spoliation

This is the legal term for the alteration, destruction, or loss of evidence that may be relevant to a case. If your records were deliberately or negligently destroyed, the medical personnel responsible may be found guilty of spoliation, which could make your case much stronger.

Can I still sue even if my records were destroyed?

Missing medical records alone isn’t grounds for a medical malpractice lawsuit, however, you may have a viable claim if you were harmed as a result of the missing (but not destroyed) records, even if there’s no chance of restoring those records.

Proving your claim in this type of situation can be difficult, so you’ll need the help of a skilled Americus medical malpractice lawyer who knows how to gather the evidence needed to prove your case. 

Talk to Shrable Law Firm for more information

The attorneys with Shrable Law Firm have a deep understanding of medical malpractice cases and have a passion for providing the highest quality legal representation possible.

If you were harmed by a medical provider’s negligent behavior, contact our Americus medical malpractice lawyers to schedule your free consultation by using our online form or calling (229) 349-6291.

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