Is Grady Hospital legally required to keep my medical records? Can they be held liable for incomplete/missing records?

Asked over 1 year ago - Atlanta, GA

Having been a patient of the Grady IDP on Ponce De Leon for almost 3 years, I have received a great deal of medical care. Upon requesting my comprehensive medical records which Grady claims is my right to have copies of, I received 56 pages of misc. records. It does not paint an accurate picture of my health or my treatment. It is missing two surgeries, massive dental work, most of my test results, most of my psycho-therapy, etc.

When my current physician leaves his position next month, the new physician will not have any of the necessary records to accurately treat me. Isn't this negligence? What can I do to force them to honor their promise to provide my complete medical records? What can I do if they do not have them? Any help would be greatly appreciated.

Additional information

Sorry for the delay, but upon reading the content at the following url: http://www.sos.ga.gov/plb/GEORGIA%20PATIENT%20RECORDS%20LAWS.pdf
it appears as though Georgia Code requires that a "provider" such as Grady is required, by law, to give me a copy of my entire medical history for up to 10 years. They can charge as much as $20 for replication costs, but they are still required to provide any and all records with the exception of psychologists/psychiatrist notes.

If they do not have my records and they did not give me the chance to get copies of my records before they lost them, aren't they liable?

I have double and triple checked the form and I have spoken with the person in charge of records and they all seem to think there's nothing they can do.

Thanks for the replies, I guess I was wondering what remedy I could expect for this situation and what I can do to either get it resolved, or make sure it doesn't happen to others?

Attorney answers (2)

  1. Josh P Tolin

    Contributor Level 19

    1

    Lawyer agrees

    Answered . You may need to go there and sign a HIPAA release, if you haven't already done so. Some hospitals require a specific release for psychiatric care. I wouldn't assume they lost them at this point. Sometimes with healthcare providers, you need to be persistent. Your new doctor will also have you sign a release to allow him to get the records. Just be persistent.

  2. Norman Antonio Stiteler

    Contributor Level 15

    1

    Lawyer agrees

    Answered . Actually most hospitals are not required to keep records forever, usually only long enough to ensure your continuity of care. This 'retention' period varies by the type of record, but is generally around 10 years or so after care is rendered, due to CMS requirements.

    I am licensed in New Mexico and Pennsylvania, and therefore any discussion of issues related to other states must... more

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