QUESTION
Can I sue my doctor’s office for refusing to give me my children medical records?
Asked on Sep 27th, 2013 on Litigation - New York
More details to this question:
I went to my doctor’s office and requested for my children medical records because I no longer wanted to use the facility as a primary care provider and the nurses and the doctors both refused me of my children’s records. The doctor diagnosed my one year old son with asthma and I needed his record and a doctor’s note stating that he has asthma because the child care provider my kids attended need it for her files and they denied me. I told her me and my children will not be coming there anymore. She told me I might be wanting it for something else such as lineup and I told her I didn't she stated to me and my mother that people abuse the fact of getting their children medical records and for getting help with their gas bill and light bill and it’s not her fault people lights get turned off that they need to pay their bills.
2 ANSWERS
Michael J. Breczinski
She has to give the medical records to you.
Answered on Sep 30th, 2013 at 8:44 AM
John J. Carney
Everyone wants to sue for everything that happens in life that they don't think is right or that upsets them. You must have a case that is going to win money damages over $10,000 before a civil lawyer will even think of spending a year working on it for a third of the money. He must also feel you will win the lawsuit and be able to collect from some defendant in the case or he will not take it. You can sue in small claims court for up to $5000 without a lawyer but you still need monetary damages and here you have none. If you own the file, like a lawyer's file you could threaten to call the grievance committee to get them to turn over your file, but I do not know if doctors have to turn over their personal file or what your rights are. You can call the medical board to ask if you have the right to your file, but it will have to be worth all the time and effort.
Answered on Sep 28th, 2013 at 12:26 AM