Legal Question in Health Care Law in New York

Re: lost mamogram pictures

Dear Reader:

In examining this response, please note that we are not entering into an attorney/client relationship, that this is to be taken as informative, and not as legal advice, that it is always best to speak to a lawyer in your area and/or in the area where the transaction and/or events occurred, and that my answer is necessarily limited by the fact that I have not seen the documentation or had an opportunity to go over the matters with you in detail.

First, let me wish both of you the best in this unfortunate situation.

Second, save anything you have in writing from the radiologist or other doctors, and include it in a communication to the State health department. It is my understanding that the department has investigators who deal with this kind of issue; if it is merely that you are getting the runaround, or that the radiology office is lazy, the state may be able to put a stop to it. Similarly, other agencies have some amount of jurisdiction over doctors, and pressure from them may help.

You will want to speak to a malpractice lawyer about suing, but it seems to me that whoever had the pictures should not lose them without consequence. If they are really gone forever, the report with them should help, and that should be retrievable from a computer somewhere. If that too is gone forever, then you may have a case.

But I tell people to deal with their health issues first and with lawyers second.

As I mentioned before, this is something that you will want to take up with a lawyer of your own selection, either in your state or area or in a place where some of the pertinent events occurred.

Rod Kovel Attorney at Law 516-312-9900