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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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To whom it may concern Hello Iam a board certified

Resolved Question:

To whom it may concern:

Hello Iam a board certified osteopathic pain management physician here in del mar.
Just out of the blue I received a a subopena for a patient record that I have not scene in 2 years. They want all info patient notes , telephone orders and payment statements. I have not found the chart, and I have never had any problem's with Medical Board of California ! What shall I do? thx Dr. Mark Fotune [email protected]
reply asap please
Submitted: 7 years ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 7 years ago.
Thank you for your question.

In your "already tried", you stated that you can certify that the record was lost. how exactly can you do that?
Customer: replied 7 years ago.
They are asking for a patients chart! And they are asking for all kinds of info about the billing chart notes
x-rays and so forth! The patient is an executive for callaway golf and he hired me on as his concierge
physician to care of him!!!! They have alreadry gone out to his house last night and asked questions about my style of practice. We had a fire at the office and sprinkler's went off and destroyed the records. In the subopena there is an option to say records were lost or destroyed! This better than making up a chart and not having the patient sign off on the medical disclaimer on the intial visit form any help would be grear
Expert:  Dimitry K., Esq. replied 7 years ago.
Thank you for the explanation.

First of all, DO NOT make up records if you do not have them. That is by far the worst option for you, as you are the committing perjury, forgery, and contempt of court order, just to name a few offenses. It is better for you fill in the option that states that the records were lost by fire. If you can, find the news article, email, or message from Regus or other entity that confirms that a fire took place. If such information does not exist, write up your own sworn affidavit stating that the records are gone due to fire, then sign, date, and notarize it. That should be sufficient, as you are then lawfully claiming that the records do not exist.

Good luck.

Edited by Dimitry Alexander Kaplun on 7/2/2010 at 11:50 PM EST
Customer: replied 7 years ago.
hello expert!!!!! My assistant found the chart!!! Everything is mostly complete only thing the client never
signed the intial waiver check in form so I have patients chart not signed! I was going to drive up and ontact the patient thx dr fortune
Expert:  Dimitry K., Esq. replied 7 years ago.
You are most wlecome and happy to help!

If you found the information useful, kindly press the green "accept" button so I could be compensated for my assistance. Thank you!


Dimitry Alexander Kaplun, Esq.
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