QUESTION
Can I get my request for medical records expedited if I have a medical emergency?
Asked on Jan 28th, 2013 on Personal Injury - Montana
More details to this question:
My doctor left the practice I had been taking my son to for the past 10 years. She started her own practice nearby and we will continue to see her. The employees are frustrated at her abrupt departure and seem to be taking it out on her patients that are switching over. My son has some serious health issues and recent complications. I have requested that they get me his records as soon as possible, so the hospital and specialist can see his history, but they are telling me, "everyone else has to wait and so do you". Is there anything that legally obligates them to release his records to me in a more timely fashion if there is an emergency?
8 ANSWERS
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Sounds like there is a little payback here. Report it all to the local medical society grievance committee
Answered on Jan 30th, 2013 at 10:01 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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The key word here is "if". That contingency has not been met, so at this point the best thing to do is to wait for the records and see if they come through in a timely manner. I suppose you coulld write them a letter (send it certified, keep a copy) stating the date you made the request and advising them that if there is an emergency you expect them to respond in an appropriately.
Answered on Jan 30th, 2013 at 10:01 AM
Ronald A. Steinberg
Just request the records to be sent to the doctor. If there is a delay, contact the medical license people in the state capital.
Answered on Jan 29th, 2013 at 11:28 PM
Notify your state's medical board and inform them of the name, address and contact information for the office from where you want the records sent from. Ask if they could contact the office for you to help you expedite the records. Once the office gets word from the State of Board of Medical Examiners for your state, that should scare them into giving up the records rather quickly.
Answered on Jan 29th, 2013 at 10:12 PM
Personal Injury Attorney serving Kent, WA
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Law Offices of Wayne J. Wimer, Inc. P.S.
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Under HIPPA rules, medical providers have to provide the records in timely fashion. Write a letter to the Medical Association setting forth the problems you have encountered, and asking for them to require her to turn over the records. That should put a stop to the delay.
Answered on Jan 29th, 2013 at 10:11 PM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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If you have an attorney send a letter there is a code section that minimizes the expense to 10 cents/page, plus hourly charges of $16/hour, and requires the doctor to furnish the records within 5 days.
Answered on Jan 28th, 2013 at 6:14 PM
Christian Joseph Menard
You should have an attorney write a letter to them on your behalf, explaining that in the event there is any complications resulting to their son as a result of their procrastination, you will file the appropriate action against them and their doctor employer. I would also file a complaint with the Board of Medical Examiners explaining the situation, letting the Board know that there will be potential medical complications to your son if the records are not released immediately. Though a medical provider has a "reasonable" amount of time to comply with records request, there is no set amount of days they have. "Reasonableness" does depend on the situation, and your son's emergency definitely would require your request be put on the top of the list.
Answered on Jan 28th, 2013 at 6:13 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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No but that shouldn't prevent your son's current doctors from providing good care now. You are your child's medical historian so you can fill the doctor in on the important highlights. The test results can be helpful from the past but not essential.
Answered on Jan 28th, 2013 at 6:13 PM