He had his lawyer send me a doctor-patient care termination letter and he said that if I ask again for the medical records he will file a restraining order against me. He also said, if I file an arbitration to get refunded for the money I gave him he will file a cross-claim for extortion. How can I get to see my original medical records now? The doctor is an osteopath and performed bad plastic surgery for which I asked a refund plus (a very small part) for the money I spent to fix the damages.
You need to hire a lawyer to address this. Don't do it on your own.
You only have a year from the date of injury to sue a health care provider. They may be trying to stall you.
I would love to know who this lawyer is that's threatening you. That sounds pretty sketchy.
There is a right way to do something, and a wrong way. You have now learned that playing lawyer is not the best way to handle this. True? Retain a local lawyer who can request the records, and investigate your possible claim. Avvo has a terrific "find a lawyer" tool to locate a top-rated Avvo attorney (10) with a low contingency fee, less than thirty percent...so you don't get hurt twice. Good luck.
Personal Injury Lawyer
There is no reference in your question as to time frames and/or the nature/extent of the damages sustained. If you believe that there was medical malpractice, you should hire a lawyer to provide proper notice and a lawsuit within the shortened time period allowed by law. You are entitled to a copy of your medical records. You may also have another doctor request your records. The record are normally made available within 15 days. If you are not provided with your medical records, you may have the right to file a complaint with the U.S. Department of Health and Human Services. You may also be able to file a complaint with the state agency that regulates your health care provider
The biggest issue here is the statute of limitations. You should immediately consult with a local attorney to protect the statute of limitations from expiration, and to demand the records.
Under Federal law (and no doubt California law) you have a right to your medical records. You need to hire an attorney immediately
I am not an expert in California Law, but in New York, if there is an apparent basis for a medical malpractice claim, and the doctor has refused to turn over the records, a case can be started to protect the statute of limitations without them. An attorney can involve the court and make a motion to compel production of the records.
You should hire an attorney immediately to pursue this and protect your statute of limitations, which may be near expiration.
To answer your question, you have a legal right to review your record and get a copy of your chart. Yout must make a written request for it and if nor provided access within 15 days, you can take action.
It is considered unprofessional conduct not to give access to patient records for which the board will have grounds to discipline the doctor. Also, wilful violation is an infraction punishable by a $100 fine. You can also get attorneys fees if you need one in order to enforce your right to get your records.
See Health and Safety Code section 123100.