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attySince1978
attySince1978, Attorney
Category: Legal
Satisfied Customers: 931
Experience:  Attorney for 30 years with over 500 arbitrations and trials representing over 2,000 clients.
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My surgeon has refused to provide me copies of my medical records.

Customer Question

My surgeon has refused to provide me copies of my medical records. I have changed doctors and I need my records for continuity of care. This is a HIPAA violation. I have already tried goint through the Nevada Board of Medical Examiners and the Department of Health and Human Service, Region IX. It has been more than 2 months. They also owe me a little money ($50) but I am willing to let them have the overpayments if they will just give me my records. Do I ahve any recourse through the justice system?
Submitted: 5 years ago.
Category: Legal
Expert:  attySince1978 replied 5 years ago.
I need you to provide me with additional information before I can answer the question?
Why is the doctor refusing to provide you with copies?
What is the insurance company that is paying for surgeon?
Customer: replied 5 years ago.
I suspect he is denyinng me access to my records because they are angry I left his practice. I can give you my reasons for leaivng: failure to communicate; use of non-FDA approved products, just general difficulty with the Office manager and the Dr. Could not get me questions answered. He has not said why he won't release my records.

My insurance company is TRIWESt (a Tricare provider for Dept of Defense families). They are also aware. I asked them to get involved because of the monies owed to me. They are also looking into the hospital charges for abuse (this is a separate issue). It is a nasty situation.
Expert:  attySince1978 replied 5 years ago.
I assume that Tricare is paying a portion of the doctor's bills. Tricare may have a copy of your medical records as a process of bill payment. Ask Tricare for a set of your medical records.
You can also contact a medical-records copying service. Their business is to obtain records for you for use for legitimate business purposes. There are many of these copies around and they are normally listed under Legal Copying Services. They will require that you sign a medical release, pay a deposit, and they will attempt to get the records for you.

Also, if you have a new treating doctor, his office will send a request to the surgeon for a copy of your records for treatment purposes. The new treater can provide you with a set of your medical records when they receive them.

I trust that you will find my answer helpful, therefore, please click ACCEPT after you read my answer. This is the only way that I can be paid for my work. Also, a small bonus is allowable and greatly acceptable. Thank you.
attySince1978, Attorney
Category: Legal
Satisfied Customers: 931
Experience: Attorney for 30 years with over 500 arbitrations and trials representing over 2,000 clients.
attySince1978 and 5 other Legal Specialists are ready to help you
Customer: replied 5 years ago.
What I really wanted to know was if there was recourse through the justice system. Apparently there is not. My insurance company does not have the records. They have an ongoing abuse case with this surgroan and me. My new Doctor has laready requested the records. This guy is just non-compliant and I guess I have to live with it. Thanks for trying.
Expert:  attySince1978 replied 5 years ago.
Try the medical records copying service. Many of them are excellent in obtaining the documents that they seek on the client's behalf. You should at least talk to them and ask them what they can do for you. Good luck.

Please disregard the following accept messages if you have already accepted. These messages are just a reminder to those who have not yet accepted.
Expert:  attySince1978 replied 5 years ago.
Good luck to you.

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attySince1978
attySince1978
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Attorney for 30 years with over 500 arbitrations and trials representing over 2,000 clients.