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Is it legal for doctors to with hold my own medical records?

West Jordan, UT |

i have had a lump in my neck for the past decade and had it checked in 2003. Everything came out okay, i recently had it checked again last month and the doctor who ordered my labs and ct scan will not give me my results unless i see him. He claims it is malignant before i even had my labs and ct scan done. i haven't gone back to see him because i live 3 hours away. can a doctor hold my medical information from me especially when he claims it could be life threatening?

Attorney Answers 2

  1. I believe that you are entitled to your medical records. Under HIPAA, the patient has a right to his or her medical records as long as a proper, HIPAA compliant, medical authorization is provided to the medical provider.

  2. I am not licensed in UT and cannot give you specific legal advice. But in your case, you need to put your health condition first. If there is any question that you may have a life threatening condition go to another doctor and have he or she contact the first with an authorization that you sign to obtain your records. You can pursue legal remedies, if any at a later time. Under the law there is a concept that you must mitigate your damages. And under the facts as you have presented them, common sense supports a mitigation of your damages by putting your health first.

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