Do I have the right to see my personal medical file at family doctor’s office?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Do I have the right to see my personal medical file at family doctor’s office?
I do not want a copy. I just want to see the complete file they have on me.
Asked on June 16, 2017 under Malpractice Law, Virginia
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Under the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule, a patient has the right to see their medical records in their doctors' offices. Additionally, if a patient wants a copy of their records, they are entitled to them but they may need to pay a fee for such copies. However, the fee may not include costs associated with searching for and retrieving the requested information. That having been said, if your HIPPA rights have been violated, you cannot sue the medical entity. Your only recourse is to file a complaint with the Department of Labor’s Office of Civil Rights, after which an investigator will look into your claim and determine if a HIPAA violation took place. If so, the violator may be fined or subject to criminal prosecution.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.