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The doctors office That I was receiving from will not give…

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The doctors office That...

The doctors office That I was receiving from will not give me my medical record because of billing issues I want to sue them for as much money as I can for vacation olating my civil rights

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Im in Oakland California

Lawyer's Assistant: Has anything been filed or reported?

I just file a complant with......(I will tell u in a min.)

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

That's it basicly outside of the balant disregard of my civil rights. I am a black male and when I insisted on the them giving me the records they theathen me by calling the police. I left because I never experienced a fair judgment from officers of the he law. But I was hilmilate. I recorded it he whole conersation

Submitted: 8 months ago.Category: Legal
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Answered in 18 hours by:
12/6/2017
Lawyer: Dwayne B., Attorney replied 8 months ago
Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 34,389
Experience: Began practicing law in 1992
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Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

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Lawyer: Dwayne B., Attorney replied 8 months ago

Please allow me several minutes to read your facts and type my response both initially and when you add a follow up question or add facts. Please don't ask "are you there", etc., since when you post it can erase what I am working on. If we are having a conversation unless I tell you I am going offline, I will be here but I may be doing research.

While waiting for a response, please do not keep asking questions, such as "Are you there", etc. since that can erase whatever I am writing and also interrupts the thought process. I will be back with you as soon as I can do any research necessary, formulate a response, and type it in.

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Lawyer: Dwayne B., Attorney replied 8 months ago

Is there a specific question with which I could assist?

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Customer reply replied 8 months ago

Dwayne B. Online now
The doctors office That I was receiving...
The doctors office That I was receiving from will not give me my medical record because of billing issues I want to sue them for as much money as I can for vacation olating my civil rights

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Im in OaklandCalifornia

Lawyer's Assistant: Has anything been filed or reported?

I just file a complant with......(I will tell u in a min.)

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

That's it basicly outside of the balant disregard of my civil rights. I am a black male and when I insisted on the them giving me the records they theathen me by calling the police. I left because I never experienced a fair judgment from officers of the he law. But I was hilmilate. I recorded it he whole conersation
05 December 2017 04:03d

Lawyer: Dwayne B., Attorney replied 8 months ago

I understand your facts, what question did you have?

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Customer reply replied 8 months ago
Can I sue the doctor for not giving me my medical records? and how can I sue if possible?
Lawyer: Dwayne B., Attorney replied 8 months ago

Sorry for the delay in responding. They are doing construction next door and cut the internet lines in multiple places.

Yes, you could sue the doctor for breach of contract due to failure to give you the records. However, you are not likely to get an attorney to take this on a % basis and it is not going to be a cheap case.

The process of a lawsuit is essentially the same everywhere, with a few, minor procedural differences.

1) File the petition in the court with jurisdiction and venue. The court with jurisdiction and venue is usually where the defendant resides or has their place of business. You also have to look at the amount you intend to sue for to determine what court is correct

2) When you file the petition with the clerk of courts you will pay the filing fee and also ask for citation to be issued and service to be done. The clerk doesn't serve the papers so ask them if you have to take them to the sheriff's office for service or if they will do it. Just follow their directions as to that.

3) The sheriff will serve the defendant with the lawsuit.

4) The defendant will file their answer.

5) You can then do some discovery if necessary but you will need to check with the clerk and ask if your court allows discovery. Some small claims courts do not.

6) After that the next step is to set the case for trial.

7) During the trial you introduce your evidence and they introduce theirs.

8) The judge renders an oral judgment and a written order is made based on that oral judgment which the judge then signs.

That is the basic process of a lawsuit.

In your lawsuit one issue is going to be whether you have to hire an expert to prepare a report to the court explaining why the doctor should have given you the records. Courts now classify almost any case involving a doctor"s office as one in which another doctor is mandatory. One reason you need an attorney is so they can find you the right kind of expert at the best price.

Cases involving doctors also tend to be more complicated because all doctors have some kind of insurance policy and so they get free lawyers. The procedures in these cases are complex and it is easy to miss something causing your case to be dismissed, making the hiring of a lawyer almost mandatory.

However, some people do try it on their own so it is allowed if you decide you want to go that route. I have never seen anyone representing themselves be successful in their lawsuit against a medical provider or even get any money in a settlement but certainly it is at least possible.

The problem is that while I can give you the process for suing them, as I did above, there is no way to prepare you for every eventuality so it will require a lot of reading and preparation on your part. Just to give you an example of what I mean as "a lot", I practiced trial work over 20 years. For every hour I spent in the courtroom on a trial I would spend 8-10 hours preparing, and that would not include the filing of the documents, doing discovery, etc. That 8-10 hours is just preparing for the trial on THAT case and on which I already knew the law. You can expect to spend probably one or two months of solid work preparing your case if the trial will last two days (which would be a very short trial if a doctor is involved).

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a 5 Star Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow-up questions in this thread. I want to be sure all of your questions are answered.

Even if you are a subscriber or have a trial membership please leave a 5 Star Positive Rating so that the website knows I have answered your question.

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Customer reply replied 8 months ago
Will be able to use there by lawyers in small claims court
Lawyer: Dwayne B., Attorney replied 8 months ago

Lawyers aren't allowed in small claims court in CA so you would have to file in the regular portion of the court. CA uses a "unified court system" which means that the same courts and judges hear all the cases, but they have certain dates and times for small claims, etc.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a 5 Star Positive Rating so I receive credit for my work. Also please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Of course, please feel free to ask any follow-up questions in this thread. I want to be sure all of your questions are answered.

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Customer reply replied 8 months ago
What I don't understand is what makes this situation a breach of contract? What kind of contractal agreement did we enter?
Lawyer: Dwayne B., Attorney replied 8 months ago

There is automatically a contract, written or implied, anytime there is a purchase of good or services. A contract is just 1) an offer, 2) an acceptance of that offer, and 3) consideration (payment or receipt of goods or services).

It's not a malpractice case, traditionally, but many courts are ruling that anytime you sue a doctor for anything involving their services it is malpractice. If the court rules that way then your costs go up dramatically because you have to hire experts, etc. If the judge will let you proceed under a simpler cause of action, such as breach of contract, then it will save you a ton of money.

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Customer reply replied 8 months ago
How do much money do u think i could sue for if any money at all?
Lawyer: Dwayne B., Attorney replied 8 months ago

Small claims court will allow for you to sue for up to $25k. So, you could sue for up to that amount and still be in small claims court.

I do need you to issue your Positive Rating since the question and answer thread is 17 days old. You can continue to ask follow up questions even after you issue your rating, but at some point the question will close and no longer be accessible and, in that event, I don't receive credit for the answers I've given.

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