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If you had a psychologist and he refuses to give you a copy of your medical records. What are your options?

Havelock, NC |

I seen him for about 12 years. The last review some incorrect information was put into my records. I ask to get a copy of my records, but only records I gave him, and a few he had. I sent a letter in writing requesting all medical records. I sent it certified mail with return receipt.

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Attorney answers 6

Posted

Doctors must provide copies of records to their patients with a proper authorization. You may want to retain local counsel to get the records for you. Good luck.

Posted

Ask again in writing, and if he does not comply, file a complaint with the Board that governs psychologists in your state. You use the term "medical records". If this person is a psychiatrist (not a psychologist) then it would be the State Medical Board of North Carolina, since pyschiatrists are MDs (medical doctors).

We do not have an attorney-client relationship. I am not your lawyer. The statements I have made do not constitute legal advice. Any statements I have made are based upon the very limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in California.

Asker

Posted

From what I read from medical records rights in NC. Is your health care provider can deny your request to see or get a copy of your medical record, but only for a few reasons. For example, if your provider believes that letting you see your medical record might physically endanger you or another person they can deny your request. However, there is no violence in my treatment or medical records.

Golnar Sargeant

Golnar Sargeant

Posted

Hi, I can not comment on that since I don't practice in your state. Again, "medical" records and the "medical" board only apply if this person is a psychiatrist (which is an MD), they have no jurisdiction over someone who is merely a psychologist (which is a Phd) or psychotherapist (which has a PsydD) or any other kind of therapist. If this person is one of the latter, you'll have to find out which board in your state governs them. DISCLAIMER: We do not have an attorney-client relationship. I am not your lawyer. The statements I have made do not constitute legal advice. Any statements I have made are based upon the very limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in California.

Posted

You have the right to get a copy of your medical records. If he refuses to give them to you, file a complaint with the medical board for your state.

Asker

Posted

Yes, I look at that for my options.

Posted

Send him a certified letter, and have him sign an affidavit that the records are full and complete.

Asker

Posted

Yes, I did send in a certified letter with return receipt. He hasn't received it yet. Good idea about affidavit that the records are full and complete. Do I create the affidavit? Not sure how to do that?

Asker

Posted

I sent a certified letter. They left a notice when business was closed. Then another notice. I received a call from his wife saying the Postal Service can not find the certified letter. I called the post office and they said the certified letter is right there. What do I do if he refuses to pick it up for my records request? Do I send another certified letter?

Posted

Report him to the state licensing authority.

Posted

In all due respec to the other responses, a psychologist is mandated by the APA not to provide records to the patient if the pracititoner believes the patient would be harmed by the disclosure. I suggest you request the practitioner to provide you with a reason for the reluctance to provide you a copy.

Asker

Posted

I sent a certified letter. They left a notice when business was closed. Then another notice. I received a call from his wife saying the Postal Service can not find the certified letter. I called the post office and they said the certified letter is right there. What do I do if he refuses to pick it up for my records request? Do I send another certified letter?

Paul D Friedman

Paul D Friedman

Posted

I would suggest you nicely let the psychologist know that you will be forced to submit a complaint with the North Carolina Board Psychology Board if you do not receive a response within 5 days. Also, you can fax a letter and do not need to do it by certified mail. Just keep a copy of the fax transmittal sheet.

Asker

Posted

Yes, look for fax number for him, but no luck. I know he put some pretty bad some in my note that he gave me, which I can pretty much prove he is lying. It's the only think I can think of why he doesn't want to pick up the certified letter.

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