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 3 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.


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