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I wanted to know if I can Sue a hospital due to their

Good afternoon, Lawyer's Assistant:...

Good afternoon,

Lawyer's Assistant: Hello. How can I help?

I wanted to know if I can Sue a hospital due to their neglect and my Dr. giving out the wrong medical info(also no medical release on file) to a 3rd party Ins company my disability benefits were canceled and now the hospital VP and my Dr and having me come in so they can write a letter on my behalf with the correct info. the problem is this happened in Sept. I have been refused to see the Dr. due to Ins change, refused to be allowed to pay cash for the visit (out of network) they also failed to get 2 years worth of records in time for my SSDI hearing 11/21/18 which had caused a delay. their neglect has put me in a serious financial strain and now behind more due to late fees etc. they have cause us to potentially loose our home. need advice

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

I'm sorry CA.

Lawyer's Assistant: Has anything been filed? If so, what?

Not legally only file with Gov. for HIPPA violations and complaint with in the hospital

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

Not off hand

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Answered in 1 hour by:
2/13/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 13,377
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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I'm sorry to hear about your situation. So, if I understand correctly, the doctor gave the wrong information to the SSDI office and that caused a delay in your approval. Is that correct?

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Customer reply replied 5 months ago
I haven't received the decision yet. Toys was a continued claim to a third party disability insurance I have through my work at the hospital when I was working. That was my only source of income so for months of bills are getting paid and potentially having to lose our house because the information she gave should have been on my back it was not it was on a neck injury work-related that she does not treat me for. This mistake it's costing me a lot they're just now trying to rectify it I've had one meeting with one of the VP of the hospital. Now I'm waiting to meet with two doctors and drawing up a new letter that hundred percent supports my disability correctly but it doesn't change the situation they've put my family in because of their neglect. I also filed a complaint I believe with HHS on the HIPAA violation

I understand what you mean. I'm sorry to hear about your situation.

This appears to be a breach of contract based on the failure to perform within a reasonable time because they did not send the correct information when they were supposed to. Courts regularly look toward the Uniform Commercial Code as their guide, since many states have adopted this code into their own statutes. Under UCC Section 2-309(1), the law says that each party has a reasonable time to perform if it is not expressly stated in the contract. What is considered “reasonable” is a matter of fact and depends on the circumstances, but it is an argument that you would have to make that it is unreasonable. Regardless, there is a legal basis for your particular claim. There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract. It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court. This website is also pretty cool because all you need to do is click, purchase, and download. Click here to get started.

​What other questions did you have for me today?

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Customer reply replied 5 months ago
1 more question. Is it still breach of contract if she got the information to them on time but it was the incorrect information from my Medical Records.

I see. Yes, even if it was on time, if they are managing their records as a part of your contract as their patient, then they needed to provide the accurate records.

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So, even if it was within a reasonable time, they still had to perform with at least a reasonable level of accuracy.

What other questions did you have for me today about this?

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Customer reply replied 5 months ago
What type of lawyer to I look for

What state do you live in again?

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Customer reply replied 5 months ago
Ca.

One of the hardest things to do sometimes is find a lawyer that you can trust. Google searches are a good place to start, but usually the lawyers who pay the most in advertising can get bumped up to be on the first page regardless of their quality. One thing I recommend is going through your state’s lawyer referral service (LRS) and search for a civil litigation attorney. The LRS in each state typically requires the attorney to have several years of practice, be free of discipline, and have adequate staffing to assist people. Here is the link for the California LRS - click here. You can also search for attorneys on a website called Lawyer Legion (click here) that scours all 50 states based on the kind of attorney you need.

Again, I'm very sorry to hear about your situation. Did you have any other questions for me regarding this at all?

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Customer reply replied 5 months ago
Not that I can think of. Thank you for your assistance.

The pleasure is all mine! Unless you have additional questions, there’s just a few other things I’d like you to know before we wrap up this conversation:

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Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 13,377
Experience: Licensed to practice before state and federal court
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Customer reply replied 5 months ago
Will do Thanks again

You're too kind, thank you!

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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