QUESTION

Can I sue my doctor for witholding my medical records?

Asked on Jun 04th, 2015 on Medical Malpractice - Kansas
More details to this question:
My doctor is witholding my medical records after diagnosing me with Lupus,  refusing to treat the Lupus. I found a doctor who will treat the Lupus but my doctor is denying to send over my records. I signed an authorization requesting my records over 30 days ago and have been without my medications for over 60 days. Do I have a case? 
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1 ANSWER

Catastrophic Injury Attorney serving Roseland, NJ at John J. Ratkowitz
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You probably do not have a financially viable medical malpractice case. But,  "according to K.S.A. 65-2837, it is 'unprofessional conduct' for a physician to fail to transfer records to another licensee when requested to do so by a patient or his or her representative. Therefore, if a patient requests medical records be copied and sent to another health care professional, the records should be copied and sent without waiting for payment from the patient. The patient may be billed for the copies, but delivery of the records to another health care professional should not be delayed."  Call the Kansas Medical Society, who will no doubt contact the medical provider and explain the consequences of not complying with this requirement: Kansas Medical Society623 SW 10th AvenueTopeka, Kansas66612-1627 785.235.2383 (Voice)800.332.0156 (Toll Free)785.235.5114 (Fax) Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability. If you found this information helpful, I would appreciate it if you would click here and take a few seconds to provide some feedback online. Please understand that by answering your question in this informal forum I am not acting as your attorney. I am not doing anything to protect any legal rights that you have.  Medical malpractice cases need to be thoroughly investigated and to know whether you have a viable case, an attorney usually has to obtain and review all of the pertinent medical records and consult an expert.  John Ratkowitz, Esq. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com.  Click here for my website.   
Answered on Jun 06th, 2015 at 8:40 AM

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