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Can I sue for a doctor not releasing medical records.
- Thread starter mrjinx
- Start date
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Proserpina
Senior Member
What is the name of your state (only U.S. law)? Florida
I requested in writing that my medical records be sent to me about 1 1/2 months ago. I have yet to receive them. Can you sue for doctors not releasing your records?
Thanks
Did you call your doctor and ask why your request has not yet been honored?
Does your doctor have a fee for copying and sending you the records? If so, did you pay that fee?
HIPAA covers patient rights to access their medical records.....I requested in writing that my medical records be sent to me about 1 1/2 months ago. I have yet to receive them. Can you sue for doctors not releasing your records?
For more, go to:
http://www.hapnetwork.org/assets/pdfs/Rights_to_Access_to_Medical_Records_PI2003-01_APR20033f0a.pdf
Proserpina
Senior Member
Couldn't this be medical malpractice for not following standard of care?
Thanks
Not even close.
First, there is NOTHING in the OP to even suggest malpractice.Couldn't this be medical malpractice for not following standard of care?
Second, there is NOTHING in the OP to even suggest a less than standard 'care'.
Third, can you really be that stupid??
lealea1005
Senior Member
So there is no civil liability for not releasing MY records? Come on.....
Nope, and why should there be? They are the property of the Physician who must maintain/store them for at least 7 years (longer for minors).
You have a right to review your record at any time free of charge.
If you'd like copies of your records, you may be charged a fee (according to your state regs) and that fee may have to be paid before the records are handed over to you.
What is the reason they will not release your record?
Couldn't this be medical malpractice for not following standard of care?
Copying your record has zip to do with standard of care.
Neither Doctor has responded and I have sent a letter requesting the records certified. One of the Doctors initially said they no longer had the records even though it was before the 5 year period required by Florida law and then later recanted and said they did have them but they were in storage.
getting medical records
I had this problem recently and I suggest that you call and ask for the office manager and let him or her know that you have previously requested the med records (HIPAA regulations are different for each state but typical is is 30 days and sometimes longer) and did they know that they are currently in violation of the HIPAA regulations? (if they have gone over the time limit for that state.)
Sometimes the office staff don't know how high the fines are for the violation but the office manager and the doctor should know and act quickly. I received my records within 2 days after faxing a written letter to one office and talking to the office manager of another office. I had placed 3 calls to the latter office with no response and they always said they couldn't find the records in storage but after the office manager was told. I received a call the next day and they found them and they were in the mail to me. Hope it works for you.
I had this problem recently and I suggest that you call and ask for the office manager and let him or her know that you have previously requested the med records (HIPAA regulations are different for each state but typical is is 30 days and sometimes longer) and did they know that they are currently in violation of the HIPAA regulations? (if they have gone over the time limit for that state.)
Sometimes the office staff don't know how high the fines are for the violation but the office manager and the doctor should know and act quickly. I received my records within 2 days after faxing a written letter to one office and talking to the office manager of another office. I had placed 3 calls to the latter office with no response and they always said they couldn't find the records in storage but after the office manager was told. I received a call the next day and they found them and they were in the mail to me. Hope it works for you.
Darras-Law
Junior Member
Know the reason behind not releasing your medical record
You have complete right to ask for your medical record at any point of time. If the doctor is not releasing your medical record this means that there must be somespecific reason for not releasing, please ask the doctor. May be you have not paid the amount that is medical record generation fee, if there is any other reason doctor will surely let you know and the procedure to release your medical record.
You have complete right to ask for your medical record at any point of time. If the doctor is not releasing your medical record this means that there must be somespecific reason for not releasing, please ask the doctor. May be you have not paid the amount that is medical record generation fee, if there is any other reason doctor will surely let you know and the procedure to release your medical record.