Man sues St. Mary's for refusing to release medical records

HUNTINGTON - A man is suing St. Mary's Medical Center for refusing to release his father's medical records.

John Does 1 through 10 and Unidentified Entities 1 through 10 (as to St. Mary's Medical Center) were also named as defendants in the suit.

Carroll Earp resided in and/or was treated at SMMC between Jan. 1, 2011, and his death on June 20, according to a complaint filed March 27 in Cabell Circuit Court.

Charles Earp claims Carroll Earp possessed a claim for personal injuries and damages against the defendant, which survived to his estate.

On Sept. 11, Charles Earp requested copies of Carroll Earp's medical and billing records from the defendants and made subsequent requests were made on Feb. 5 and Feb. 21, according to the suit.

Charles Earp claims he has yet to receive any records from the defendants, despite his multiple requests.

The defendants' actions have caused Charles Earp and his father's estate damages, according to the suit.

Charles Earp is seeking compensatory damages and for production of Carroll Earp's entire medical record. He is being represented by James B. McHugh, Michael J. Fuller Jr. and D. Bryant Chaffin of the McHugh Fuller Law Group PLLC.

The case has been assigned to Circuit Judge F. Jane Hustead.

Cabell Circuit Court case number: 13-C-201