Legal Question in Medical Malpractice in New York

Is my previous health care group obligated to meet my specific request for my dental record made there?

I left that group because I firmly believe one of the dentists committed malpractice in two procedures.

I tried to find a lawyer, but right after they heard the amount of damages no one was interested anymore (it was 4 years ago, and with small damages one has to be at least self a half lawyer to get a lawyer, and at the time I was none). I recently submitted a request of my dental record, in which I specifically requested all X-rays taken by that dentist on those specific teeth.

But I was given a sheet which has all x-rays taken at the group, and without tooth number and the date that was taken. Basically, there was not a single notation and just a sheet of all individual x-rays.

I told them that I was not going to accepted this way of disclose my dental record. And I gave them again my written request, which stated that I would request the x-rays on those numbered teeth taken by that dentist, and each x-ray should have the tooth number and the date that was taken.

So far I have not received a respond. So are they obligated to meet my request?

This is in the state of New York.


Asked on 11/14/11, 10:19 am

1 Answer from Attorneys
Thomas Reilly Albert W. Chianese & Associates

Yes, they are required to provide you with your records. You can contact the Office of the Professions to assist you with obtaining your records. http://www.op.nysed.gov/contact.htm. You can also contact the Dental Society for the County that you live in to see if they can assist you with your complaint against the Dentist.

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Answered on 11/14/11, 10:53 am


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