What can I do if I went to a clinic to have blood tests done but I called in for the results they told me that they lost my records?

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What can I do if I went to a clinic to have blood tests done but I called in for the results they told me that they lost my records?

I’ll have to have them redone. Can I go legally against them? I don’t have receipt for the work done.

Asked on July 5, 2015 under Malpractice Law, Oklahoma

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If they refuse to redo them for free, you could sue them to recover the cost of having them redone. You would not proceed on a medical malpractice basis, since that would be very expensive for you (you need a medical expert for medical malpractice), but on negligence (carelessness) and breach of contract (not providing what you paid for and they agreed to provide). It would be best to sue in small claims court, acting as your own attorney, where fees are small, since all you can recover is the cost of the blood tests.


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