How do you prepare for a law suit?

[altostrata]

I'm thinking of suing the clinic that "supervised" my taper, which clearly went wrong.

In California, patients have a right to a copy of their medical records. Should I get my records before I see a lawyer? Should I file a complaint with the clinic first and get their explanation of what they did?

I am thinking I want to get those records before somebody sneaks in and erases things or covers their tracks.

[scotty]

Find a lawyer. That's the hardest part. Not alot of lawyers taking these cases.

[scotty]

Oops, hit send to fast! You could get a copy of the medical record. Most attorneys will request them again through "official" channels, but if you're concerned about them being altered, go ahead and request them now.

[rdjanis]

I think it would be a good idea to get them first as well. The only thing with that is you would have to carry the cost yourself... and they charge quite an amount in 'administration fees'.

[elisa]

Alta, I wish you success with the step you will be taking! Definitely, get a copy first.

[Katesmom]

I agree with getting a copy of your medical records first. I also think it would be very worthwhile to get in writing their explanation. It can only help you and hurt them in the long run. It will give them something to contradict later and give you a clue as to what their defense would be.

[elisa]

Alto, thread carefully when requesting medical records. The immediate conclusion of the doc could be that he/she could be involved in a law suit.

The reason I'm saying that is that when I requested my medical records, my pdoc wouldn't release them immediately. It took a few months. His boss "nudged" him strongly to have them released to me. When I got it I found there were papers missing, fraud to the insurer, too many things to mention. Try to get them as quickly as possible after your request.

BTW my request was not for a law suit but to find out more about the ECT treatments I had. From what I found shocked me and had no alternative but to write a letter of complaint to the Ontario Board of Physicians and Surgeons. This pdoc lied to that board but I had proof! He came off quite lightly.

[altostrata]

Thanks, elisa, that's exactly why I asked for advice here.

I don't have much choice but to go through their bureaucracy. However, I believe I'll make my request through the clinic's ombudsman. That person at least has nominal allegiance to ethical behavior.

[elisa]

Originally Posted by altostrata

Thanks, elisa, that's exactly why I asked for advice here.

I don't have much choice but to go through their bureaucracy. However, I believe I'll make my request through the clinic's ombudsman. That person at least has nominal allegiance to ethical behavior.

The doc still will have to give permission to release the records so if there is any way that you or the ombudsman can do to "keep" the records away from the doc, do it or have it done. It doesn't mean that all docs are not trustworthy though, just a precaution.

[scotty]

I have a friend who was suing a doc on a medical problem, missed on the labwork, resulting in blindness. Luckily they asked very casually for a copy of the lab work, prior to getting the lawyer. Those labs were mysteriously missing on the "official" chart presented.

They won the lawsuit.

[altostrata]

California has a law that all records be released upon request to the patient, no doctor approval needed. I'm sure their cooperation is important, though.

I don't know how to ask "casually" for my medical records. I have to send a letter of request. I guess it could be polite.

[scotty]

Be nice....you might want to put in something about wanting them for "your" records. Do NOT mention lawyers!!

[altostrata]

I could ask them to send the entire record to my therapist.

[Buxy`s Back]

i didnt have my records before i attended a complaints meeting...boy i wish i had,i would of known about the abnormal hormone test and a whole range of other stuff.Later when they knew they were already involved in a legal battle i asked for blood results from thew hospital but had to go through lots of different departments and i still query a certain comment i got back 8 weeks later after the initial request and i was asked at that point what i wanted them for and me being honest warned them what i was upto.
Personally i would gather all the info then fire it at them with proof,good luck hope it all goes well.

[scotty]

Originally Posted by altostrata

I could ask them to send the entire record to my therapist.

There you go!!!

[Charlie]

My personal thought is if you just go to their medical records department and ask for a copy you may have a better chance of getting the complete set. If you write a formal letter people at a higher level will be involved hence increasing the chance for monkey business.

Whatever you do, don't ask for their explanation until you have records in hand. I personally think finding a lawyer should be doable since the suit would be against a clinic and not the manufacturer which makes the case much more normal.

I would also put together as much as you can remember in a timeline format to show potential lawyers what happened and when.

Oh, I would also go in with a story, maybe that you have ane looking new for a new therapist and that you have an appointment in x number of hours so you really need the records NOW! You realize it puts them in a bind but you just forgot to come earlier......

[rdjanis]

Originally Posted by Charlie

Oh, I would also go in with a story, maybe that you have ane looking new for a new therapist and that you have an appointment in x number of hours so you really need the records NOW! You realize it puts them in a bind but you just forgot to come earlier......

Good one Charlie!

[Charlie]

I've been through a malpractice lawsuit before with my mom. We won and I learned that if you let them dictate how the game is played you won't have a chance.

Keep a low profile while collecting the records and let your lawyer send them an invitation to the party.

[angels]

Originally Posted by scotty

There you go!!!

Right - medical professional to medical professional.

One time I went to a goofball hospital run be a bunch of goons. When I went to a sane hospital, the first one hemmed and hawed about my medical records. (I had had major surgery.)

I told my doctor and he had the hospital send them FedEx so they were there the next morning.

[altostrata]

Keep that excellent advice coming!

Talked to my therapist, she's on board with collecting the records. She said she'd be happy to testify about chronic problems, etc.

[scotty]

Originally Posted by altostrata

Keep that excellent advice coming!

Talked to my therapist, she's on board with collecting the records. She said she'd be happy to testify about chronic problems, etc.

Awesome!! Use her to get the records..they won't think twice about sending them to another "professional"!!!!

[altostrata]

I politely contacted the patient relations person and just got word my records were on their way to my therapist, no muss no fuss.

[scotty]

Good deal!!!

[rdjanis]

Great stuff! This way you will get 'all' the records instead of them being picked through!!

[altostrata]

Got my records, got quite a few shocks reading through them. I am writing a long detailed letter of correction to be included in my file, which is allowed under California law.

One curiousity: The clinic did have "prolonged discontinuation syndrome" in my diagnosis -- and still managed to treat it inappropriately.

I just wrote Don Farber, who is nearby in San Rafael, California http://www.donfarber.com/. Farber has tried other antidepressant injury cases, including advocating for the suicide warnings on Paxil; from his bio http://www.donfarber.com/AttorneyProfile.html

"..."For these past seven (7) years, antidepressant personal injury law has comprised over 90% of my practice. I have been an attorney of record and/or represented antidepressant victims in about 35 states. At last count I have represented 26 clients in antidepressant suicide cases, those being surviving heirs of suicide victims or those who survived a suicide attempt after starting an antidepressant. In a mass tort case involving the antidepressant Paxil and approximately 3000 plaintiffs, the law firms of Baum Hedlund and Yourman, Alexander, & Parekh of Los Angeles, Pendley Law Firm, of Plaquemine, Louisiana, and I, combined to litigate claims for those victims. I was a member of the Plaintiffs' Steering Committee ("PSC") on the case, called "In re Paxil Products Liability Litigation (MDL No. 1574 (MRP), in U.S. District Court, Central District of California...."