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Teal & Montgomery
Attorney who is a medical doctor
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You Have a Right to Your Medical Records

When choosing a new medical healthcare provider, one of the first questions on the new patient form pertains to information in your medical records from the previous doctor. You will need to complete a consent form to release your medical records from your previous doctor to your new healthcare provider. However, medical professionals are not the only ones who should have a copy of your medical records; you should have a copy as well. Having a copy of your medical records can not only save your life, but they may also be used in bringing a medical malpractice suit against a healthcare professional.

Your Medical Records and HIPPA

Health Information Portability and Accountability Act (HIPPA) gives patients the right to obtain a copy of medical records from any of your medical providers as well as the right to review and inspect them if you so choose. When seeking your medical records, no provider is to deny you a copy of your records except in limited circumstances, such as: if the records are psychotherapy notes; information the provider believes could reasonably endanger your life or someone else’s; or if the information is being gathered in anticipation of a lawsuit. By law, medical providers are release copies of your medical records within 30 days of your request. Furthermore, you cannot be denied a copy of your records because you owe money to the medical provider. A provider can, however, charge a reasonable cost for copying and mailing your medical records.

Medical records are created by your physician and they contain information about your healthcare professional’s observations of you, surgical information, as well as treatment plan information that your provider has deemed necessary. Your medical record can help a malpractice case by showing that there was a delay in treatment or to prove that the treatment was carried out improperly. Lastly, it is beneficial for you to have a copy of your medical records in case there is an emergency, a healthcare provider will already know what to expect or not to expect based on your records.

Need Help Getting Your Medical Records? Contact a Santa Rosa Medical Malpractice Attorney

You have a right to your medical records. Whether your medical records will be used to further investigate a malpractice suit or to help provide information in the case of an emergency. If you or a loved one has had issues receiving medical records it is imperative for you to contact an experienced Santa Rosa medical records attorney at Teal Law Group to help you fight for your rights. Receiving your medical records can help your case, and there are laws that will help you receive what is yours. Contact our office today for an initial consultation or call us at 707-703-4038 in Santa Rosa or 916-472-0003 in Sacramento.