Bellmore, NY asked in Medical Malpractice and Personal Injury for New York

Q: i need a lawyer to subpoena phone records so i can start a lawsuit with a hospital for malpractice and other lawsuits

2 Lawyer Answers
Maurice Mandel II
Maurice Mandel II
  • Newport Beach, CA

A: IMO a subpoena is issued when you already have a lawsuit, not before. It has to have a case name and number on it, since it is issued by the Court. You should consult with a Medical Malpractice attorney in your local area.

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Jonathan R. Ratchik
Jonathan R. Ratchik
  • Medical Malpractice Lawyer
  • New York, NY
  • Licensed in New York

A: As my colleague correctly pointed out, in order to issue a subpoena you need to already have a lawsuit.

Additionally, although CPLR § 3102(c) permits pre-action discovery to aid you in bringing a lawsuit (such as identifying responsible parties, etc.), you cannot use it to determine whether you actually have a viable lawsuit. Whether you have a viable medical malpractice lawsuit will be based upon a review of your medical records, whether the treatment you received fell below the accepted standard of care, and whether such treatment caused you an injury (not the hospital's phone records).

If you think you might have a malpractice case you should speak with an experienced medical malpractice attorney. You can find one using the Find a Lawyer tab on the JUSTIA homepage.

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