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Delta-Lawyer
Delta-Lawyer, Attorney
Category: Legal
Satisfied Customers: 3546
Experience:  10 years practicing IP law and general litigation
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My dr.refuses to give me my medical records how do I get

Customer Question

my dr.refuses to give me my medical records how do I get them
Submitted: 1 year ago.
Category: Legal
Expert:  Delta-Lawyer replied 1 year ago.

I hope this message finds you well, present circumstances excluded. If you are current on your billing from the clinic or office and are willing to pay reasonable printing costs, then your health care provider cannot withhold your medical records from you. As such, you can place them on legal notice that if you do not receive the records within 3 business days (a reasonable amount of time), then you are going to file suit for damages and attorney fees. You can either take them to small claims court for damages or seek an injunction against them ordering them to turn over your records.

You can place them on formal legal notice with a certified letter and return receipt. In the letter, identify yourself, the issue, how long you have been waiting and tell them what I said above...you have three days or you will be sued. Tell them to contact you immediately when they have an answer for you.

Note that if you have an outstanding balance, they can withhold the records from you, but cannot hold them or prevent transfer to another health care provider.

Please rate my answer positively and let me know if you have any other questions.

Best wishes going forward.

Expert:  Delta-Lawyer replied 1 year ago.

Did you have any other questions or comments? I want to make sure you are as comfortable as possible moving forward. Thanks