Legal Question in Medical Malpractice in California
Malpractice
My wife give birth to our first daughter at the hospital, upon the release of my child from the hospital the doctor discover that the right shoulder have been broken during delivery or after. The nurse accidentally left the x-ray film on the counter and I saw the x-ray. My child was then not release until two days later. The nurse confirm that the shoulder bone is broken, but the pediatrician said it should be okay and my child will recover quickly. After the release of my child I ask to see the hospital file and the x-ray, the doctor refuse to disclose any information. My question is: Does the hospital or the doctor have the right to witheld those information? Do I have the right to know the condition or the status of my child?
1 Answer from Attorneys
Re: Malpractice
As the parent, you should have the right to see and copy all of the medical records. I do not know if there are any restrictions in CA that change this but generally, you can get a copy and only have to pay for copying costs.
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