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Requesting medical records

Albany, GA |

My doctors office won't give me my records at my psychiatrist office they won't even allow for me to come there this is for medical malpractice they don't know it my attorney that is handling it his office secretary said they can't request them can an attorney request them?

i was prescribed medication that caused permanent damage my attorneys office told me to tell them they have a certain amount of days to give it to me they won't give me my records because the owner of the building isn't there she is on vacation but the thing is she is not even a doctor she just owns the building and is the administrator i have never seen a landlord i have to wait on them to get medical records hes not really my attorney just an attorney that is interested in my case

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Filed under: Medical malpractice
Attorney answers 3

Best Answer
Posted

If you have an attorney, you must discuss this issue with him or her. If you sign a HIPAA compliant authorization permitting your attorney to get your records, generally, your attorney should be able to get copies of them. If your doctor is refusing to give you copies of your medical records, your attorney has remedies at Court because your doctor is violating the Federal HIPAA laws. Good luck.

The above is general information only and is not legal advice. The information provided does not form an attorney-client relationship, and should not be relied upon to take or refrain from taking any action. I am not your attorney until we sign a retainer agreement.

Asker

Posted

hes not really my attorney just an attorney that is interested in my case and wants to see the records but the doctors office won't give them to me saying the landlord have to wait on her i've never heard of a landlord being involved in records its like they are refusing to give me my records

Matthew C Simon

Matthew C Simon

Posted

the landlord shouldnt have anything to do with anything

Asker

Posted

they told my mom that she's the one that handles the records

Matthew C Simon

Matthew C Simon

Posted

Regardless of who handles the records, they have to be provided.

Asker

Posted

Thank you

Matthew C Simon

Matthew C Simon

Posted

You can write a letter saying they are in violation of HIPAA laws and demand compliance within 10 days or something. Best of luck.

Posted

You must address this issue with your attorney. I am sorry, but there's no other way to assist you here.

**Was this Answer helpful? Please click to give the Answer a Helpful Vote or make it the Best Answer! ***This Reply is intended to be helpful to the Asker and the Avvo Community, but it does not constitute legal advice and does not create any attorney-client relationship. The Asker of the Question is urged to seek the advice of a professional in the area in question before taking any action.

Asker

Posted

hes not really my attorney just an attorney that is interested in my case

T. Andrew Miller

T. Andrew Miller

Posted

In that case, you can request the records yourself via a HIPAA release that other attorneys here have mentioned. You can Google it for a form to print and fill out. Be prepared to pay a copying fee: one of the many reasons most folks would want to have an experienced attorney to handle all aspects of their case.

Posted

Your attorney or you can send them a signed HIPAA form and get the records.

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