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I went to look at my sons medical records, I want to use them in court, but they said I have to pay for an office visit and the Doctor has to sit with me while I review them. My attorney had already requested that they be sent within 14 days, and they never complied. What's the deal? Do I really have to pay to view them?

2007-05-01 01:20:25 · 6 answers · asked by lady 5 in Politics & Government Law & Ethics

6 answers

This is not what you want to hear, but the records aren't yours and unless you have a court order, it's up to the hospital whether they give you the records because they are the hospital's property. I know they are about your son, and I know you are his parent, but the records aren't yours and by default the hospital doesn't have to give them to you. If they want you to pay a fee, or not leave the hospital, or whatever, that's their choice.

Your attorney can file through the court to order the records and probably will, and may well be successful. Good luck, but the answer is "because they don't want to".

2007-05-01 01:27:06 · answer #1 · answered by Elomis 5 · 1 0

Not what you want to hear, but yes, they can charge any "reasonable and customary" fees that they want to your and/attorney for their time and expenses. Typical expenses for a Physican would be $100 per hour (usually would be 1 hr. minimum for reviewing a chart) and between .25 cents, but no more than $2 per copy of each page of the child's medical records.

Your Dr. does not have to give medical records based on a request to your attorney, only under a Subpoena from the Courts.

If you need an "unofficial" record to not be submitted to a Court, but for your own information, a better solution might be to take the child to the attending pediarician for a check-up and just ask the nurse or receptionist for a copy of the child's medical records and if asked, tell them you have just received full custody and need to get a full picture of the child's health situation and 99% of the time, they will be sympathetic and give you a copy.

2007-05-01 01:50:23 · answer #2 · answered by bottleblondemama 7 · 0 0

How old is your son? It was my understanding that a parent had a right to his or her child's medical records as long as the child was still a minor. I know that when we moved from one state to another, my pediatrician just made a copy and handed them to me. I don't see why you should have to have an office visit just to look at records.

2007-05-01 01:29:10 · answer #3 · answered by Sharon M 6 · 1 0

it depends were you stay but in scotland we are allowed our medical records as these contain information about us or our children so until you child reaches adult age or has a disabillity then yes you are entitled to them for free or a small charge for the time it takes to organise them x x x

2007-05-01 01:53:45 · answer #4 · answered by Anonymous · 0 0

I suspect you are suing the doctor and he is making it difficult for you. I think your attorney should know the law better than anyone reading this forum.

2007-05-01 01:28:37 · answer #5 · answered by Anonymous · 1 0

no

2007-05-01 11:08:02 · answer #6 · answered by Ultimate Guitar Hero! 5 · 0 0

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