If I have a doctor that refuses to allow me access to my medical records, do I have legal recourse?

I am a military reservist who is required to provide medical documentation to my chain of command for a health issue. My former doctor claimed he did not get a release from the military. However, I saw my HM fax this release, and I also signed one from that practice. I then asked if I could have access to my own record, the doctor refused. Because of his actions, I run the risk of at best being temporarily disqualified from mobilization and at worst administratively separated.

Asked on March 1, 2012 under Malpractice Law, Pennsylvania

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You need to immediately contact your physician by phone fax and email and by certified letter indicate that if he refuses you a copy of your own medical records, you would be forced to report him to the state medical board and you would be forced to sue him for lost wages. Then, get another doctor and have that doctor immediately request the records from the old physician. Something should occur there. If they are refused the medical records, they can be a bit more convincing about the transfer.


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