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.
I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.Ask a similar question
Consult with an experienced medical malpractice attorney. They will do whats necessary to get the records.Ask a similar question
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.Ask a similar question
Have a local malpractice lawyer investigate the records that remain. If any were destroyed, there would be spoliation which would work to your benefit.Ask a similar question
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.Ask a similar question
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.Ask a similar question
Sign up to receive a 3-part series of useful information and advice about personal injury law.