Medical Malpractice

Medical Malpractice suit?

I need to file a medical malpractice suit, however I fear if I try to get medical records they may change stuff in file. I would be filing on behalf of the Estate of..., who is my mother. I am administrator of her estate. She was going to pursue this before but unfortunately she passed away before that happened. She had an illness which has no cure but can be slowed to extend life if caught early. She got tests and she called for months trying to get the results. She didn't receive the results until 6 months later. The doctor who initially performed the testing went on maternity leave. The practice dropped the ball. Should I speak to a lawyer first or try and get her medical records and see if I can dig up anything there? don't even want the money, other than to set up a full scholarship in her name at the School of Nursing she graduated from. I am so lost and and I don't know where to start. I only know what my mom told me when she was alive.

Public Comments

1. I'd definitely consult a lawyer on this one. States vary with their laws.
2. If I were you, I would definitely speak to a lawyer ASAP. Tactically it's a good decision because the lawyer will know the proper way to obtain the records. If you "alert" the hospital, you may raise the risk they may tamper with the records.
3. See your attorney first -- don't act independently because you could screw things up. The records you want are evidence, and there are rules for how evidence must be handled.
4. I missed out on filing a med malpractice suit because I didn't know what to do. I have now learned that the statues of limitations are good for only 2 years so you have to file within that time. Also you can request a copy of all medical records with or without a lawyer, and the doctor can be sued if any changes are made in the chart. If you get a lawyer they can subpoena the records and they have to hand them over right then. I say consult with a lawyer ASAP, good luck....