Medical malpractice question(california)

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

Paramount, CA -

Attorney Answers (3)

Slavik Steve Leydiker

Slavik Steve Leydiker

Personal Injury Lawyer - Redwood City, CA

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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Del Duane Hovden

Del Duane Hovden

Medical Malpractice Attorney - Whittier, CA

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.

Rebekah Ryan Main

Rebekah Ryan Main

Medical Malpractice Attorney - Rancho Cucamonga, CA

You bet. Ask for your chart and sign the consent that the doctor needs.

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

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