QUESTION
Is there any legal course of action I can take against my chiropractor’s office for losing my medical records?
Asked on Aug 23rd, 2012 on Personal Injury - New York
More details to this question:
My chiropractor’s office closed and all of my records were sent to the main office but they say they cannot find them. I went to this branch for over seven years and find it hard to believe they have lost everything and if so, who has them? They found my husband's records and he barely ever went there, but told my new chiropractor that they could not find mine.
13 ANSWERS
Tax Attorney serving North Smithfield, RI
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The Law Offices of Mark L. Smith
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If your new chiropractor is treating you what's the difference?
Answered on Jun 13th, 2013 at 2:56 AM
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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No.
Answered on May 22nd, 2013 at 10:01 PM
There is no cause of action for this and I'm not what damages you suffer as a result of the lost records.
Answered on Aug 26th, 2012 at 11:32 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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You could report the chiropractor to whatever agency disciplines chiropractors. This doesn't help you, but may prevent it from happening to others, if this Is important to you. You could sue for negligently handling your records, but you would have to show how you were damaged.
Answered on Aug 26th, 2012 at 11:32 PM
Personal Injury Attorney serving Richmond, VA
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Blank & Marcus, LLC
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It would cost you more than it is worth.
Answered on Aug 24th, 2012 at 3:03 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Trying to punish or accomplish something? Things happen. I suppose you could sue them for negligence if you can prove the loss ofthe records has caused you some physical harm. In the field of chiropractic I would think not. Your new chiro should be able to take care of you without knowing what was done 7 yrs ago. What he needs to do today is what is important, not history.
Answered on Aug 24th, 2012 at 3:03 PM
Personal Injury Attorney serving Beverly Hills, CA
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Engelman Law, APC
The cause of action would be "Negligence." You will have to substantiate your damages as a result of this loss of records.
Answered on Aug 24th, 2012 at 3:03 PM
Litigation Attorney serving Olean, NY
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Black, Lyle & Habberfield, LLP
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I believe they are only required to keep them 6 years. Check with the Department of Education, Department of Health or the Office of Professional Misconduct. Good luck.
Answered on Aug 24th, 2012 at 3:03 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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They at least owe you an explanation. File a complaint with the State Board of Health.
Answered on Aug 24th, 2012 at 3:02 PM
Ronald A. Steinberg
Go to the medical licensing board.
Answered on Aug 24th, 2012 at 3:02 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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Usually chiropractor records are indecipherable so no loss. There is little if any value in old chiro records. Most judges don't believe in chiro so no loss if they are not there. If you are trying to prove disability, use a real doctor.
Answered on Aug 24th, 2012 at 3:02 PM
You should report the matter to the State's medical authority and/or the State's Attorney General's Office and request assistance.
Answered on Aug 24th, 2012 at 3:02 PM