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

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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 12 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.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption