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Medical malpractice question(california)

Paramount, CA |

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

Attorney Answers 3

Posted

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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Christine C McCall

Christine C McCall

Posted

It's HIPAA. It does not allow private enforcement suits.

Slavik Steve Leydiker

Slavik Steve Leydiker

Posted

That is true. That job is reserved for HHS from what I understand. However, patients still have a right to access their medical records.

Paul J Molinaro

Paul J Molinaro

Posted

There are some exceptions to patients always having a right to see their medical records - one being in the case of severe mental illness. - Paul Paul J. Molinaro, M.D., J.D. Attorney at Law, Physician, Broker Fransen&Molinaro;, LLP 980 Montecito Drive, Suite 206 Corona, CA 92879 (951)520-9684 ** This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy.

Posted

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.

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Posted

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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This response is intended to be a general statement of law, should not be relied upon as legal advice, does not create an attorney/client relationship and does not create a right to continuing email exchanges.

This response is intended to be a general statement of law, should not be relied upon as legal advice, does not create an attorney/client relationship and does not create a right to continuing email exchanges.

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