Do I have the rights to sue?
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Do I have the rights to sue?
My pediatrics firm recently had a loss
of my medical records and did not inform
me until I asked for them. All they
could provide me with for my adult
primary care physician was my
immunization records up to the year 2000
and my body mass index records up to
when I was ten years old. I am now
twenty-three.
Asked on June 29, 2019 under Malpractice Law, Massachusetts
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
You can sue your pediatric clinic for negligence. Negligence is the failure to exercise due care (that degree of care that a reasonable medical clinic would have exercised under the same or similar circumstances to prevent foreseeable harm).
Your damages (monetary compensation you are seeking in your lawsuit) would be losses foreseeably caused by the negligent loss of your medical records.
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