Medical malpractice question(california)

Asked 12 months ago - Paramount, CA

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Can a patient go to a doctor's office and ask for his or her file back?

Attorney answers (3)

  1. Contributor Level 15

    2

    Lawyers agree

    Answered May 28, 2012 19:14. You have a right to your medical records per federal law. Doctors notes, medical test results, lab reports and billing information must be supplied with a proper request. The federal law that addresses this is called HIPPA (Health Information Portability Accounting Act). Since HIPPA deals with privacy issues, this can sometimes pose a problem with getting the necessary documents, even when you have a right to access these documents. However, if you're the patient, you absolutely have a right to this information. By law, medical providers are required to hold these records for six years or more. Keep in mind that some records related to mental health may not be provided in certain circumstances.

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  2. Contributor Level 2

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    Lawyer agrees

    Answered May 30, 2012 10:58. The direct and specific answer to your question for California matters is that you are entitled to a copy of your chart though the physician will keep his/her chart of care provided to you in most cases. See Evidence Code 1158.

  3. Pro

    Contributor Level 17

    Answered June 04, 2012 07:37. You bet. Ask for your chart and sign the consent that the doctor needs.

    Attorney Rebekah Ryan Main – visit us on the web at www.Main-Law.com or call 909-891-0906 to set up a consultation.

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