Legal Question in Medical Malpractice in Florida

Dear Sir/madam, is it possible to get legal help to obtain medical records if a surgeon refuses to provide them - needed to file complaints with the DOH for practising with delinquent license and engaging in a sexual relationship with the patient. Let me clarify surgery did not result in medical issues.

(The records have been requested with HIPAA-release form). Part of the medical records has been 'released', part not, however. Moreover, false entries have been made (the wrong person was listed as surgeon). Reason being, that the surgeon performed surgery with delinquent license, as mentioned. It has been (discouragingly) difficult to find an attorney willing to help with such a request - since it does not entail 'medical issues' resulting from surgery. I would appreciate any legal help to be able to report aforementioned misconduct. Thank you very much.


Asked on 2/06/14, 1:48 pm

1 Answer from Attorneys
Barry Stein De Cardenas, Freixas, Stein & Zachary

yes a lawsuit can be filed pursuant to Florida statutes seeking your records. If the doctor is not licensed, then he would not be subject to those records issues. I would suggest you contact an attorney to discuss this matter. The pursuit of the DOH, department of health?, claim will not get you anything other than potential censure at the end of a very long road.

Read more
Answered on 2/06/14, 2:16 pm


Related Questions & Answers

More Medical Malpractice Law questions and answers in Florida