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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 116727
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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How do I get my medical records from hospital and rehabs

Customer Question

How do I get my medical records from hospital and rehabs without having to throw a hissy fit? How much will this cost me and I'm nervous about putting my financial info out here...and, I know this particular doctor released me from the rehab when he knew I was getting c.diff.--anything to do about that?
Patricia Osander ***@******.***
Submitted: 1 year ago via LawDepot.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You can get your medical records from the hospital and rehab by making a written request to them for the records, pursuant to HIPAA they must provide you the copies of the records. HIPAA requires a written request and release for the records. So if you are just calling, the way to resolve that is to go in person with a written request to them. If they still refuse, then you call the US Department of Health and Human Services and file a HIPAA complaint, since they have sole investigatory and action authority over HIPAA violations.
If you are claiming there is malpractice, then you would first need to get a medical expert to agree that their conduct was below the reasonable standard of care and then you would be able to take that to a medical malpractice attorney and they could sue them for the damages their negligent treatment caused you to suffer.