QUESTION
Can a doctor refuse to send my medical records to another doctor?
Asked on Aug 10th, 2012 on Personal Injury - Colorado
More details to this question:
Can a doctor refuse to send medical records to another doctor's office either by fax or mail when they have been requested?
21 ANSWERS
Personal Injury Attorney serving Charleston, IL
Partner at
SPJ Law- Smith, Pappas & Jones, Ltd.
1 Award
No.
Answered on May 24th, 2013 at 2:11 AM
Personal Injury Attorney serving Pacific, MO
at
Melvin G. Franke
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No.
Answered on May 22nd, 2013 at 10:35 PM
Ronald A. Steinberg
Absolutely not. What is he hiding?
Answered on Aug 22nd, 2012 at 11:58 AM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
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Generally not. Is there money owed, or have you refused to pay the expenses involved?
Answered on Aug 22nd, 2012 at 11:56 AM
Employment Law Attorney serving Beverly Hills, CA
at
Dordick Law Corporation
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I suggest you contact the California Medical Board. It is my understanding that they are your private records and if you sign a HIPAA release authorizing them to be sent to another physician, your doctor must do so. Go here: http://www.mbc.ca.gov/ and at the bottom left column you can click to request a call back.
Answered on Aug 22nd, 2012 at 11:56 AM
Tax Attorney serving North Smithfield, RI
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The Law Offices of Mark L. Smith
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No they can not refuse.
Answered on Aug 22nd, 2012 at 11:56 AM
Keven A. McKenna
Yes. Did you make a contract and pay him for that service? You can pay to make a copy of your records and bring them to whomever you want.
Answered on Aug 22nd, 2012 at 11:55 AM
Personal Injury Attorney serving Beverly Hills, CA
Partner at
Engelman Law, APC
Possibly if there are concerns are: HIIPA privacy violations. However, your doctor cannot refuse to give a copy of your medical records to you. In order to circumvent this issue, you should request that the records be given to you and you can then provide them to the other doctor.
Answered on Aug 22nd, 2012 at 11:55 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Normally this is done as a professional courtesy. If he does not there must be a reason. Why don't you ask him? The records are yours. Ask for your own records and deliver them yourself.
Answered on Aug 22nd, 2012 at 11:55 AM
Personal Injury — Plaintiff Attorney serving Taylor, MI
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Downriver Injury & Auto Law
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No, but the doctor has a right to charge for the record.
Answered on Aug 22nd, 2012 at 11:54 AM
Child Custody Attorney serving Malvern, AR
at
Law Office of Gregory Crain
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Yes, but you can go get them.
Answered on Aug 22nd, 2012 at 11:54 AM
Bankruptcy Law Attorney serving Livingston, NJ
Partner at
Law Office of Stuart M. Nachbar, P.C.
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As long as you have given the proper authorization, they should send over the records. Worst case is that you go pick up the records and deliver them to whom you need to.
Answered on Aug 22nd, 2012 at 11:53 AM
Do you pay all of his bills? He might be withholding for your payment. He's supposed to send them however.
Answered on Aug 22nd, 2012 at 11:53 AM
Thomas Edward Gates
If you signed a release of your medical records, they must do so. However, you will be responsible for the copying charges.
Answered on Aug 22nd, 2012 at 11:53 AM
Plaintiff Animal Bites Attorney serving Missoula, MT
at
Bulman Law Associates PLLC
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No. Tell the refusing doctor you will report him to the State Medical Board if he doesn't release them as requested.
Answered on Aug 22nd, 2012 at 11:52 AM
Plaintiff's Personal Injury Attorney serving Seattle, WA
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Shaw Legal Solutions
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No. They can charge you to copy them, but they can't refuse to give you access unless they believe that releasing that information will harm you (which they must have strong evidence of).
Answered on Aug 22nd, 2012 at 11:49 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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In New York, the answer is "no". Public Health Law sec. 18
Answered on Aug 22nd, 2012 at 11:49 AM
You should request in writing or use a medical record release form a complete copy of your medical records and take or send them to the second doctor.
Answered on Aug 22nd, 2012 at 11:48 AM
No, but you may have to supoena them. On the other hand you could file a complaint with the licensing board for the doctor.
Answered on Aug 22nd, 2012 at 11:48 AM
Personal Injury -- Plaintiff Attorney serving Cleveland, OH
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Mishkind Law Firm, Co., L.P.A.
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No. As long as you have provided the doctor with an appropriate medical authorization. If he refuses you can and should report him to the Ohio State Medical Board immediately.
Answered on Aug 22nd, 2012 at 11:47 AM
1 Award
As long as you sign a HIPPA compliant medical authorization, he has no reason to refuse to do so.
Answered on Aug 22nd, 2012 at 11:47 AM