Needed an emergency hysterectomy after a c section. Do I have the right to view my records to see what actual went wrong?

Asked over 1 year ago - Carteret, NJ

I requested having my tubes tied after the c section and during the procedure Doctor mentioned not being able to tie my tubes and then mentioned doing something ( not sure what) and proceeded to tie my tubes....In recovery about an hour or so later...I had pain and bleeding and was hemorrhaging...hospital called a code pink ....I almost lost my life that day....Four hours later...partial hysterectomy and a laceration of my cervix that prompted them to go in again to stop the bleeding...ICU for me, stress on family and kids... Now two years later I need another surgery to remove an abundance of scar tissue that is affecting my organs. I feel it is important for me to see my records to see if any wrong doing has occurred.

Attorney answers (6)

  1. Christian K. Lassen II

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . Yes, go to the medical records dept, and fill out a HIPAA form and pay the copying fee.

  2. Andrew Lawrence Weitz

    Pro

    Contributor Level 17

    3

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    Best Answer
    chosen by asker

    Answered . You have an absolute right to get your records. Get them, and if the hospital demands that you sign a HIPAA form, sign it. There is no downside to doing so. Once you have the records, though, you will want to bring them to a medical malpractice attorney for analysis. Trying to determine "what went wrong" by yourself could be frustrating and even misleading. In New York, and I'm fairly certain in New Jersey, we need to file a certificate of medical malpractice, saying that a physician has reviewed the record and can certify the case. Trying to do this by yourself is difficult, also, because you are too close to the situation to view the events objectively. The standard for determining if malpractice has occurred is "whether there has been a departure from the standard of care." Your attorney and an expert physician are in a much better position to analyze this than you are.

    I may be contacted at 212-553-9300.
  3. Michael David Lindner Jr

    Pro

    Contributor Level 14

    3

    Lawyers agree

    Answered . You always have a right to see and get a copy of your medical records. However, time is of the essence in your situation - there is a 2 year statute of limitations on medical negligence claims, which is the deadline that you have to file a claim, and based on some of your facts, it appears that might be a critical issue. There are some exceptions, but you should see an attorney immediately to evaluate that issue.

    Each case is fact senstive, so all answers should be viewed as general advice only, and should never replace a... more
  4. Stuart Gregory Steingraber

    Contributor Level 18

    1

    Lawyer agrees

    Answered . I agree with atty Lassen except don't sign the HIPPA form unless they demand it. Federal regs allow you to decline signing it.

  5. David Ian Schoen

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Get your records immediately and consult with a local medical malpractice attorney.

  6. Ilya Novofastovsky

    Contributor Level 12

    Answered . You should turn to a medical malpractice lawyer now. You may be up against the NJ statute of limitations. Also, the attorney can get the records and have them analyzed. The quest for answers is a consistent theme among our medical malpractice cases and is one of the benefits of the whole process.

    Note: With a staff of 30 at our headquarters and affiliated attorneys and experts around the country, we use a... more

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