Yes and no. Yes you can sue the doctor if he violated HIPPA, but realistically how were you damaged and how would monetary damages ever be quantified? I can't imagine a lawyer in private practice being able to just donate his/her time to this case, but then again you never know. Instead I would suggest filing a complaint with the state board of medical examiners or board of medicine. You can find the complaint forms online. But before you go off half cocked make sure your request, is in writing and has been received by the doctor's office. Drop off a written request just to confirm receipt by the busy doctor's office.

Can I sue my doctor for not turning over my medical records? It has been 5 months since I requested and paid for them. I need these to substantiate a disability claim against an insurance company. Without this documentation, I have no case.

 

A:

Yes and no. Yes you can sue the doctor if he violated HIPPA, but realistically how were you damaged and how would monetary damages ever be quantified? I can't imagine a lawyer in private practice being able to just donate his/her time to this case, but then again you never know. Instead I would suggest filing a complaint with the state board of medical examiners or board of medicine. You can find the complaint forms online. But before you go off half cocked make sure your request, is in writing and has been received by the doctor's office. Drop off a written request just to confirm receipt by the busy doctor's office.  




For good advice see a lawyer and if you have questions about this blog, the law or your case write or call me directly. Steve Lombardi, sdlombardi@aol.com and 515-222-1110. I handle all types of personal injury cases including car accidents, truck accidents, motorcycle accidents, workers' compensation cases. We help truckers all across the country who come through Iowa and end up in an accident. If we need other lawyers from other states we hire them and it costs you no more than what you would pay us; in other words, we split the fee between us. So call 515-222-1110 or email us at sdlombardi@aol.com. 
Steve Lombardi, Attorney



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