My father is changing doctors and he wants to get his records from his current doctor sent to the new doctor so the new doctor has a full background on his health. His current doctor said he will not send the records. What is the law regarding someone's medical records? Is the patient entitled to those records or can the doctor refuse to transfer them to a new doctor?
2007-09-16 14:18:25 · 15 answers · asked by Rebecca K 1 in Politics & Government ➔ Law & Ethics
hey thanks to everyone that commented!! and thanks for that link.....i am printing out the info on there and giving it to my dad!
2007-09-16 14:27:57 · update #1
Well, what usually happens when you go to a new doctor you will fill out some paperwork allowing the new doctor's office to request your medical records from a previous doctor...usually your previous primary care physician. Once you sign the release for the records to be transferred there is no legal issue.
2007-09-16 14:25:07 · answer #1 · answered by Jamie 4 · 2⤊ 0⤋
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2016-05-30 22:32:50 · answer #2 · answered by ? 3 · 0⤊ 0⤋
Your father walks in to the doctor's office. (no this is not the start of a joke) He says that he wishes to sign a release to have records sent to Dr. X at thus and such address with this and that fax number (get all this data from the new doc's office). The old office MAY charge him a copy fee per page of chart, or a fax fee. This is not unusual, and can be up to $5 per page. (Really!) It's just hassle pricing in my opinion.
Anyway, this should work because according to HIPPA law, a patient is entitled to accurate timely transferrance of pertinent medical records to providing healthcare personnel.
IF the old doc's office remains noncompliant, place a lawyer's card on the counter, and state to the office personnel attending, "You may wish to inform Dr. A that this person will be contacting him in regard to his obstruction of transfer of my personal medical information, despite my request."
A physician who has to appear in court is losing money by not being at his practice seeing patients, and may very well end up paying court costs AND being required to do what was asked in the first place. This is incentive for compliance.
IF the physician in question is concerned about a possible negligence finding or unnecessary treatment regime, that could be part of their reluctance to transfer information.
Good Luck!
2007-09-16 14:35:14 · answer #3 · answered by doggonnit 2 · 0⤊ 0⤋
I believe by law medical records need to be provided. If the doctor is going to be a problem about it you can
1. get an attorney
2. (I would do this or threaten the office with this one first) call the State's Medical Board and report the doctor for not providing the records.
If the person has been to a hospital you can also get important information for the hospital's department of medical records.
2007-09-16 14:26:13 · answer #4 · answered by J S 2 · 0⤊ 0⤋
One's mediacl records belong to them. Your father has every right to request records. The old doctor cannot send the records without a signed release from the patient however.
2007-09-16 14:33:27 · answer #5 · answered by fangtaiyang 7 · 0⤊ 0⤋
Every patient who wants to change primary doctors, can sign a medical release form at the old doctor's office, so they can send his records to the new one. Or, he can request his records through the new doctor, and they'll request his record from the old one. Usually the old doctor sends the records to the new one free of charge, but if the patient requests the records for himself, he normally gets charged for that.
2007-09-16 14:29:52 · answer #6 · answered by PRSD 3 · 0⤊ 0⤋
Okay. My child's former pediatrician has told me that they do not send anything other than their particular records. For example, even though they were my son's primary care physician, they would not send the notes/tests given by all of the specialists my son saw while under their care. I am having a hard time remembering how many different doctors we had seen so many years ago. I had assumed that my primary care physician would hold all of my medical records so that when I needed them forwarded, they would forward all of them. Do they have the legal right to withhold all of the notes and specialist care that they have in his file?
2014-01-08 08:27:19 · answer #7 · answered by DeAnn 1 · 0⤊ 0⤋
They are your father's property. Have the current doctor request them with a form that your father signs. If the old doctor still refuses, get some legal advice. Something sounds fishy.
2007-09-16 14:23:39 · answer #8 · answered by MadameZ 5 · 0⤊ 0⤋
I had the same problem and my old doctor told the new doctor he will give it up but anyone who wants the records will be paying for it. So my new doctor only got the important ones without paying.
2007-09-16 14:36:48 · answer #9 · answered by Patches 5 · 0⤊ 0⤋
Yes, the patient is entitled to these documents. I recently switched my daughter to another doctor and also transferred her medicl records. If he does not give them to you, you can and should file a lawsuit, or at least threaten to.
2007-09-16 14:24:57 · answer #10 · answered by Melissa 4 · 0⤊ 0⤋