QUESTION
Can I sue my doctor for not turning over my medical records?
Asked on Nov 15th, 2011 on Personal Injury - Illinois
More details to this question:
It has been 5 months since I requested and paid for them. I need these to substantiate a disability claim against an insurance company. Without this documentation, I have no case.
16 ANSWERS
Yes and no. Yes you can sue the doctor if he violated HIPPA, but realistically how were you damaged and how would monetary damages ever be quantified? I can't imagine any lawyer in private practice would be able to just donate his/her time to this case, but then again you never know. Instead file a complaint with the state board of medical examiners or board of medicine. You can find the complaint forms online.
Answered on Nov 21st, 2011 at 1:00 PM
Personal Injury Attorney serving Spanish Fork, UT
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McKell Thompson Hunter
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Yes you can sue your doctor for failing to produce medical records.
Answered on Nov 17th, 2011 at 1:03 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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No, there is no cause of action of which I'm aware, but if you go to his office and demand a copy of your records, I cannot imagine them refusing to turn them over to you.
Answered on Nov 16th, 2011 at 4:14 PM
Personal Injury Attorney serving Marietta, GA
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Law Office of Ronald Arthur Lowry
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If this happened to me I would go to the doctor's office and sit there until they handed me the records. Then I would get a new doctor.
Answered on Nov 16th, 2011 at 10:46 AM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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Yes. You can bring a lawsuit to compel him to turn over your file. You can also report him to the Board of Regents for action against his license.
Answered on Nov 15th, 2011 at 10:32 PM
Assault Attorney serving Richardson, TX
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Give the doctor notice of the damages you will suffer if the records are not provided, then if he does not provide them and as a result you cannot make your claim you can consider suing him. Ask your lawyer to make the demand on him if possible.
Answered on Nov 15th, 2011 at 7:17 PM
Personal Injury — Plaintiff Attorney serving Taylor, MI
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Downriver Injury & Auto Law
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Yes, Michigan has a medical records access act, Act 47 of 2004 AN ACT to provide for and to regulate access to and disclosure of medical records; to prescribe powers and duties of certain state agencies and departments; to establish fees; to prescribe administrative sanctions; and to provide remedies. MCL 333.26269 sets forth the allowable fees.
Answered on Nov 15th, 2011 at 7:07 PM
Employment Law Attorney serving Malibu, CA
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Law Office of Mark J. Leonardo
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If you have attorney he can get these for you. By statute they only have 5 days to produce the records.
Answered on Nov 15th, 2011 at 6:52 PM
Litigation Attorney serving Olean, NY
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Black, Lyle & Habberfield, LLP
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Medical records should be turned over much sooner than 5 months. Call the office and advise them that you will report them to the NYS Office of Professional Misconduct if you don't have them in 7 days. Also, send a letter to his office, certified mail return receipt requested. Wait the 7 days and if nothing comes in, file a complaint with the NYS Department of Health.
Answered on Nov 15th, 2011 at 6:51 PM
Send a written request for your medical records to your doctor along with a release form.
Answered on Nov 15th, 2011 at 6:18 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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Contact the state health department in Helena and file a complaint against the doctor.
Answered on Nov 15th, 2011 at 6:18 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Report this to the grievance committee of the local medical society or to the state medical society in Raleigh, report it to the better business bureau, embarrass the rascal. A lawsuit is expensive
Answered on Nov 15th, 2011 at 6:18 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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You are entitled to copies of your records pursuant to Section 18 of the Public Health Law. They can charge you up to 75 cents per page and demand payment in advance. Give them a deadline and tell them that if you don't have your records by then, you are going to report them to the NYS Health Dept.
Answered on Nov 15th, 2011 at 6:17 PM
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Yes. It is a violation of the law. They have 30 days to turn over the records under the HIPAA.
Answered on Nov 15th, 2011 at 6:17 PM
Personal Injury Attorney serving New York, NY
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Rothstein Law PLLC
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Have you sent letters to his office? You can file a complaint with the Office of Professional Medical Conduct. Of course, don't expect the doctor to be cooperative after that but he I guess he isn't now.
Answered on Nov 15th, 2011 at 6:17 PM
Personal Injury Attorney serving San Diego, CA
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The Law Offices of Mark C. Blane, APC
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Yes, if they continually refuse without good cause you could sue them under both State and Federal law. You are entitled to your medical records.
Answered on Nov 15th, 2011 at 6:17 PM