Civil Rights

Question Details: Can a doctor request your medical records with your consent, saying they are taking you on as a new patient and then tell you are not accepted as a new patient after reviewing them? Isn't this invasion of privacy?

Asked 11/5/2009 under Personal Injury | 148 View(s) | More Legal Topics

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Personal Injury Law Answers

No.  It would only be an invasion of privacy -- and a HIPAA violation -- if the records were disclosed to someone without your consent.

For whatever reason, something in your records persuaded your doctor not to be your doctor, and no court is going to second-guess that.  That was a professional decision, and it was most likely one that could not have been made without your records.  This doctor is still obligated to protect your privacy, even though he or she has decided not to provide you with care.

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