Elizabeth, NJ asked in Medical Malpractice for New Jersey

Q: Hi, is there a way to get metadata for medical records? I suspect that medical records are missing?

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2 Lawyer Answers

Marc S. Berman

Answered
  • Medical Malpractice Lawyer
  • Paramus, NJ
  • Licensed in New Jersey

A: Probably, but you likely would have to file a lawsuit. If you think that you may have a medical malpractice claim, speak to a lawyer immediately. You can find one of us on this site. There are deadlines to take legal action. If you miss a deadline, you will never receive compensation. Good luck.

Marc S. Berman

Answered
  • Medical Malpractice Lawyer
  • Paramus, NJ
  • Licensed in New Jersey

A: Supplementing my earlier answer: While you may have a right, in theory, to obtain metadata, and even without a lawsuit, as a practical matter, the provider may resist. Plus there is the danger that it may attempt to alter the metadata. Thus, as I wrote, your best bet is to consult an attorney immediately. An attorney could cite any controlling legal precedent to the lawyer for the provider, and, if necessary, file the appropriate lawsuit. While you could file a lawsuit yourself, I do not recommend that. Court procedure is complicated. If you fail to follow the court rules precisely, your case could be dismissed permanently.

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