Ask a Lawyer and Get Answers to Your Legal Questions
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.
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Best wishes going forward.
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