A doctor with whom I was having a payment dispute withheld a portion of my medical records. I let them know that I needed them for a SSDI claim hearing, but no go. I filed a complaint with the Cal Medical Board, the MB investigated and the doctor didn't respond to them either. The MB issued a citation, and four months after that, they got the records and forwarded to me (A total of 7 months after I requested them). Because I needed them four months ago, can we file an arbitration claim for intentional and negligent infliction?
I am not thinking this is malpractice, this seems to be an office issue,
Yes you can file a claim, but what would you recover? Unless you can prove a significant financial loss caused by the doctor’s failure to release your records, your claim for emotional distress would not have any measurable value and would not be worth either your time or an attorney’s time.
My understanding is that NIED is not a cause of action under these facts. I don't have evidence to support an IEED cause of action. There are statutory rights to your records and I believe that those statutes provide some type of remedy. I suspect that your doctor was suffering from a physiological, psychological, or substance-abuse disability rather than evilness. Also, you had a duty to mitigate your losses; I have no evidence that you did so.
You should have some action for the violation of statute in failing to make your records available within fifteen (15) days. You can try tying in both negligent and intentional infliction of emotional distress - for which you will need to discuss in more detail with an attorney to see if your matter meets the standard for those types of claims.
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