Legal Question in Medical Malpractice in New York

How can I protect my X-rays in defendants' possession?

I told the administrator of a medical group (defendant) over a phone call that I would like them to keep all of my X-rays. Is that good enough? I think in NY state, they must keep them for 6 years, and it is about 30 days to 6 years.

I suit a doctor there and my case was dismissed on SJ before I even got my x-rays (4 days after I made my demand they filed for SJ and told me the motion stayed discovery.

I will sue the expert witness for fraudulent misrepresentation (I have rock solid proof), and I know if they can they will destroy all of relevant x-rays (4 x-rays were already unaccounted for).


Asked on 10/27/11, 2:31 pm

1 Answer from Attorneys
Jim Avery Avery Law Firm (NY-CO-IN)

Were the xrays taken at the physicians office? I suggest the first thing you do is request a copy, in writing, via certified mail w/ return receipt, and offer to pay the cost of reproduction. If they refuse to comply or fail to respond, then report them to the medical board.

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Answered on 10/27/11, 2:48 pm


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