If your doctor is retiring, must he make a copy of your whole medical file or can he just give you a summary?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If your doctor is retiring, must he make a copy of your whole medical file or can he just give you a summary?
My sister goes to a doctor that has his own practice. He has told her he is retiring at the end of next month. he has told her he can’t ever copy all the files he has so he will just have to make a summary of her file. Can he do that and not release her file. She has a lot of medical problems and has had a lot of test over the years that we need. We do not want to start over again when he has these records. We would be willing to pay to have them copied or copy them ourselves if that is what it takes. I need to know if we can make him give us the file.
Asked on February 22, 2013 under Malpractice Law, South Carolina
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
No, I can not imagine that your state would allow that. Generally under the law in every state a patient is entitled to their ENTIRE medical record. There is definitely a fee that can be charged and you could even arrange for an outside service to pick up the file and have it copied. Is he selling his practice? Then that file may go with the sale but you are entitled to a complete copy. Even copies of any tests like x-rays, CT scans, etc. Good luck.
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.