Minneapolis, MN asked in Personal Injury, Health Care Law, Medical Malpractice and Social Security for Minnesota

Q: Can I sue a med clinic/neuropsychologist for misdx of Early Onset Alz & not releasing med records to Mayo for tx?

Neuropsychologist told me I had Early Onset Alzheimer's (runs in my family), that I couldn't work anymore or be able to learn any new training/job. She later changed her report to say I had Mild Cognitive Impairment, Amnestic Type.

I went to Mayo in Rochester for a 2nd opinion and to repeat same testing, got a PET etc. At my 3 appts, Mayo contacted the clinic & requested test scores from my med file so testing could be replicated (This data was NOT included on my copy). Clinic staff never responded to responded to Mayo's and my request. Mayo did other tests and found no MCI or Alz, but confirmed diagnoses of depression, ADHD and anxiety, which were ongoing.

I have SSDI hearing with a judge soon, can't find an atty, and clinic won't complete paperwork for me. I never got a real 2nd opinion, can't afford a 3rd (insurance denied), paid $$$, quit work, and still don't know what to believe. Thanks for your time and help!

1 Lawyer Answer
Brad A. Thomas
Brad A. Thomas
  • Social Security Disability Lawyer
  • Plano, TX

A: If you have a scheduled hearing coming up then you need to find a disability attorney as soon as possible because going to a Social Security Disability hearing on your own is not a good idea. You can use the "Find a Lawyer" tab at the top of the page, or call NOSSCR Lawyer Referral Service at 845-682-1881 for them to help you, or you can just google top rated disability attorneys in your area. Keep calling until you find someone who is willing to take on your case and go to the hearing with you.

In regards to your question about getting your medical records from an unresponsive provider, you have the right to request that the Judge on your case issue a subpoena to the medical provider legally ordering them to release your records. You must make this request in writing at least 10 business days before your scheduled hearing date. The Judge will then evaluate the request and decide whether to issue the subpoena or not based on the circumstances. Your request for subpoena must include the following information:

-The name of the documents to be produced

-The address or location of the documents with sufficient detail to find them

-The important facts that the documents are expected to prove; and

-Why the facts could not be proven without issuing a subpoena

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