At 10:08 AM I called Mathis & Murphy again in another attempt to speak to Kelly Mathis. Good ol’ Candace answered the phone and I said it was me calling again. She sounded happy to hear from me and told me she was going to check to see if he was back from lunch. After a few seconds on hold she said Kelly was back in the office but told her he was waiting for a conference call and would call me after that. She asked me for my phone number, which I gave her. She said, “Okay. He’ll call you,” and I thanked her.
About two minutes later my phone rang and it was Kelly himself. He apologized for all the problems I’ve had lately and explained that his firm was in the middle of some reorganization.
Kelly said that he had personally followed up with the attorney from Woodland Terrace (via email) to see what the hold-up was. The attorney from Woodland Terrace responded last night (Monday, May 13th, 2013) and was apparently surprised that the medical records had not yet been received. Kelly told me the other attorney asked him if the reason might be because they had not yet paid the invoice and Kelly told him his firm hadn’t even received an invoice yet to pay in the first place. The attorney for Woodland Terrace said he would follow-up.
Kelly told me he was still very much interested in the case, and that if he didn’t hear from the other attorney by tomorrow (Wednesday, May 15th, 2013) that he would start “hounding” him every day until we got the medical records. He said that it was unfortunate that he had no “teeth” because there is no “hard and fast deadline under the law” by which date the medical records must be delivered. Kelly said he was sorry and that he couldn’t speak to how effective his employees had been (or had not been) at following up with the case, but that all we can do now is harass them until they hand over mom’s medical records.
He said that we could theoretically take them to court to get a judge to force them to deliver mom’s medical records, but that doing that could take two months and there would be more legal fees, etc. involved, and in the end we’d simply have the records.
I told him that I was concerned that if Woodland Terrace is not compelled by a judge to deliver the medical records, we are just going to be sitting here in two months in the exact same position we’re in now. Kelly said, “I hope that doesn’t happen.”
He told me that he’d BCC me on his emails to the other attorney so I will be aware of how persistent he is being, and I told him I appreciated that very much.
I started to go over the reasons for why we want the medical records in the first place, but Kelly said there’s no point in explaining all that now since I’ll most likely have to do it all again once we finally get them.
I thanked him and sort of, kind of, maybe feel a little bit better that wheels are in motion again.
Just before five o’clock in the afternoon I emailed Kelly a copy of the same email I sent Jennifer Workman on May 9th.