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

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.

Atlanta, GA -

Attorney Answers (2)

Josh P Tolin

Josh P Tolin

Medical Malpractice Attorney - Saint Louis, MO

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.

Norman Antonio Stiteler

Norman Antonio Stiteler

Health Care Lawyer - Corrales, NM

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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