You are Entitled to your Medical Records

Dan Frith
Dan Frith
Contributor
Posted by Dan FrithOctober 28, 2008 10:58 AM

A week doesn't go by that we fail to hear a patient or family member tell us that their request for medical records was refused by their doctor, hospital, clinic, dentist, etc.

My firm is located in Virginia, but like every state in the U.S., you are entitled to obtain a copy of your medical records. In Virginia, the health care provider has 15 days from receipt of a written request to produce the records. Every state has similar laws. If requesting records from a nursing home (regardless of what state), federal law requires production of the records within 3 business days. You will have to pay a reasonable charge for the copies.

Your medical records belong to you! Don't be intimidated by your health care provider. Make the request in writing and, if your request is refused, contact an attorney who can assist you. Often, the health care provider will be required to pay your attorney's fees if the medical records were wrongfully withheld.

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