Consult with a medical malpractice lawyer. If you run up against a statute of limitations problem you can start the lawsuit yourself without a lawyer because the rule about certifying the case does not apply to pro se litigants. However, you would still need an expert to defeat summary judgment and at trial.
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Any medical malpractice attorney will be able to cut through the road blocks. Consult with one.
This answer is not intended as legal advice, nor as a substitute for legal advice received from an attorney during a consultation. Your rights and obligations may vary depending upon facts not disclosed in your question. Therefore, you should contact an attorney immediately so that your interests are properly protected.
Have a local malpractice lawyer investigate the records that remain. If any were destroyed, there would be spoliation which would work to your benefit.
You are best off consulting with a lawyer to get the records that you are looking for. You may consider consulting with the NYS department of Health to assist you in your quest if you can find an attorney that is willing to help.
As far as the doctor is concerned, I would file a complaint withe The New York State Office Of Professional Medical Conduct. You will be surprised that just by informing this doctor that you have been advised to do so how quickly you mar receive your records. I also would persist by filing a similar complaint with the State agency regarding the hospital's response as well. Under NYS Public Health Law you are entitled to your medical records.
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