In a Colorado medical malpractice case, I’m missing some key medical records from the provider. I’m thinking a motion to compel is the way to go, but I’m not totally sure if it’s the best approach. Anyone know if that’s the right step?
Yep, a motion to compel is exactly what you need here. It basically asks the court to order the provider to hand over those records.
Orin said:
Yep, a motion to compel is exactly what you need here. It basically asks the court to order the provider to hand over those records.
Good to know! Do I need to detail what’s missing in the motion?
@Teo
Definitely. Specify which records they haven’t provided and explain why they’re important to your case.
If the provider ignored your previous requests, mention that in the motion too. It shows they’re not cooperating.
Rory said:
If the provider ignored your previous requests, mention that in the motion too. It shows they’re not cooperating.
That’s a good point! I’ve tried reaching out a few times already.
@Teo
Perfect. Including those attempts will make your argument stronger.
Also, if they keep stalling, you could ask the court for sanctions. It’s a way to penalize them for withholding the records.
Oren said:
Also, if they keep stalling, you could ask the court for sanctions. It’s a way to penalize them for withholding the records.
Interesting. Would that just be a fine, or could it be something else?
@Teo
Could be fines or something called an ‘adverse inference,’ where the court assumes the missing info isn’t favorable to them.
Just make sure your motion is clear on what you’ve done to get those records and why you need them. That helps the judge see your side.
Nova said:
Just make sure your motion is clear on what you’ve done to get those records and why you need them. That helps the judge see your side.
Solid advice. Judges appreciate clarity and thoroughness, especially in discovery issues.
If the court grants it, they’ll usually give the provider a deadline to comply. Follow up if they’re slow again.
Kian said:
If the court grants it, they’ll usually give the provider a deadline to comply. Follow up if they’re slow again.
Got it! I’ll stay on top of it if they keep delaying. Thanks, everyone.
@Teo
Good luck! Hope you get those records soon.