November 4, 2014

Question

As part of a potential medical no practice lawsuit I am alleging that my doctor performed so many surgeries on any given day of the week that there was no way he could possibly have given proper attention to my case. He is not cooperating with my request for information and I have to resort to requesting surgical records from the hospital where the surgery was performed, in order to show a pattern of behavior can I request records from the hospital showing how many surgeries he does per week and how long those surgeries lasted? I believe this doctor is performing an excessive number of procedures because the insurance reimbursement rates are so low! Is this an FO I request

Answer

I agree: you won't get far doing this pro se, and catch phrases like "pattern of behavior" may sound good on tv but the number of procedures a surgeon does in a given week has no relevance to whether or not your procedure was done improperly, and would likely be inadmissible, unless you are seeking to establish that your procedure was delayed because the surgeon was taking private patients ahead of your more urgent case, and you suffered directly as a result. In any event, it is only by court order in the context of litigation that a (redacted) OR log will be turned over.


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