Legal Question in Medical Malpractice in California

Re: Doctor/attorney opinion on medical records

What was promised?

Could be 3 days to 3 months.

JOEL SELIK Attorney at Law

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Re: Doctor/attorney opinion on medical records

There is no way to really answer this question, except, it depends.

If you gave him records for review you should have required an agreement about timing. If he has not already reviewed the records, you can get them back, get a refund and use someone else. If he is qualified to do the review, insist on a date or immediate return of the records and the fee you paid him, since it hasn't been earned. If he is not cooperative, send a letter of complaint to the State Bar and copy his office. Then get another copy of the records, get it reviewed elsewhere, and send a letter to the MD telling him he is not authorized to do any work on the matter during the pendency of your dispute.

A Med Mal attorney should get the review for you. One, the reviewing expert will give a preliminary opinion for free. Second, he will be more responsive to the demands of the attorney since the attorney is a potential source for new business. The attorney will not, and cannot charge for his time to evaluate a case.