Can I sue my doctor for not releasing my medical records?
Asked by: Helmer Collins | Last update: May 19, 2025Score: 4.2/5 (71 votes)
Can you sue a doctor for not giving you your medical records?
Generally, a medical provider or hospital merely losing your documents does not give you grounds for filing a lawsuit. However, if a doctor or healthcare facility lost your medical records or test results and you suffered harm as a result, you can potentially sue and recover compensation.
What is the law for health records in WA?
Under the Freedom of Information Act 1992, you can access your WA Health medical records. However consideration needs to be given to s. 28 of the Freedom of Information Act 1992 in the disclosure of information that may have an adverse effect on the physical or mental health of a patient.
Can a doctor office hold your medical records?
California. Hospitals in California must keep adult patient records for seven years after the last discharge date. Healthcare employees must keep the records of minors at least seven years after the most recent discharge date or one year after the patient turns 18 (whichever is longer).
What is the most common reason patients sue their doctors?
Multiple studies have concluded that misdiagnosis is the most common cause of malpractice claims. Misdiagnosis includes failure to diagnose a medical problem that exists or making a diagnosis that is incorrect.
Your Doctor Refuses to Give You Your Medical Records- What Can You Do? NY Attorney Explains
What can doctors get in trouble for?
- Alcohol and substance abuse.
- Sexual misconduct.
- Neglect of a patient.
- Failing to meet the accepted standard of care in a state.
- Prescribing drugs in excess or without legitimate reason.
What are the chances of getting sued as a doctor?
And, according to the American Medical Association (AMA), one in three physicians has been sued or experienced legal action against them under a medical malpractice lawsuit.
Can a doctor refuse to release a patient?
Physicians' primary ethical obligation to promote the well-being of individual patients encompasses an obligation to collaborate in a discharge plan that is safe for the patient. As advocates for their patients, physicians should resist any discharge requests that are likely to compromise a patient's safety.
Can you ask a doctor to delete medical records?
Request to erase medical records
Separately, patients may submit requests to their doctor for their medical records, or a part of their records, to be erased or deleted.
Can doctors hold back information from patients?
If disclosure is likely to cause psychological harm to the patient, a physician does not have a duty to disclose [16]. However, a physician cannot use the exception to withhold information merely because he or she thinks the information may cause the patient to refuse a specific treatment.
What are the medical records laws in Washington state?
Under federal and state law you have a right to review your medical records, and you have a right to obtain a copy of your medical records (with certain exceptions) as long as they are maintained by the healthcare entity in which you received your services.
How long are medical records kept in WA?
Patient information contained within State archives (permanent value records) is accessible to the public after a 100 year restricted access period that applies from the date of last access of the record.
Can health records be used in court?
Medical records in court proceedings can make or break a case. They're used to connect dates, actions, responsibilities, decisions, and communication relevant to an individual's health care. Records can help prove facts such as: Whether and when the correct testing was ordered for a timely diagnosis.
Why can't I get my medical records?
Know your rights. If your health care provider says they can't provide access to your health record because of HIPAA, tell them that the HIPAA Privacy Rule requires them to give you access to your record. This is your right under the law.
Who generally owns the medical record?
Although they may assume otherwise, people generally do not own their medical records. All fifty states agree that medical providers – not patients – own the tangible, physical record. Moreover, twenty-one states have statutes or regulations stating that providers own medical records.
Can you sue for medical data breach?
A patient can sue for a HIPAA violation, and there are an increasing number of class action suits for protected health information data breaches – although not under the provisions of HIPAA laws.
Can you sue a doctor for losing your medical records?
Data Breach Claims: You can potentially sue your healthcare provider if the loss of your medical records was due to a data breach or negligence, but legal costs may outweigh any potential compensation.
Can doctors keep your medical records from you?
Under HIPAA, they are required to provide you with a copy of your health information within 30 days of your request. A provider cannot deny you a copy of your records because you have not paid for the health services you have received.
How do I get a diagnosis removed from my medical records?
Once you identify something you want to change, contact your healthcare provider and request a form for making amendments. Be clear with your request. Upon receiving it, your provider will have 60 days to act on your request. Your provider is not required to make the requested change.
What is patient abandonment?
California defines patient abandonment as terminating the relationship without written notice to the patient. By law, the patient must have enough time to find another physician. If they decline further treatment or consent to the termination, however, they cannot legally claim abandonment.
Can I see my medical records online?
Online Access to Your Health Information
Check with your health care providers or doctors to see if they offer online access to your medical records. Terms sometimes used to describe electronic access to these data include “personal health record,” or “PHR,” or “patient portal.”
What to do if your doctor dismisses you?
- If you want to go back to that doctor, you may want to attempt to repair the relationship with your doctor. ...
- If you prefer to move on to a new doctor, then be sure to get copies of your medical records from the doctor who fired you, then follow the guidelines for changing doctors.
Is it worth suing a doctor?
Malpractice lawsuits are expensive, time consuming, and can open you up to public inspection. And, unlike most other types of personal injury claims, case trends show a tendency toward favoring doctors and other care providers, not injured plaintiffs.
Does it cost money to sue a doctor?
For example, civil court filing fees in California can range from no fee to $1,000, or an amount set by the court. There may be additional incidental fees, such as small fees for certifying a record — $25 in California — or preparing a copy of a record — $0.50.
What happens to a doctor if you sue them?
Physicians face several consequences when patients sue them for medical malpractice. These can include financial damages, loss of reputation, increased malpractice insurance premiums, disciplinary actions, and, in some cases, license suspension or revocation.