Health & Safety Code § 123110 specifically provides that any adult patient, or any minor patient who by law can consent to medical treatment (or certain patient representatives), is entitled to inspect patient records upon written request to a physician.
A signed request and authorization must be sent to the medical provider by the patient requesting records, or a health insurance portability and accountability act form (HIPAA) along with the following information:
- Name;
- Social security number;
- Medical records number;
- Date of birth;
- Address;
- Phone number;
- List of records being requested;
- Dates of service;
- Delivery option; and
- Signature.
How Long Do Medical Providers Have To Give Me Copies Of My Medical Records?
By law, a patient's records are defined as records relating to the health history, diagnosis, or condition of a patient, or relating to treatment provided or proposed to be provided to the patient. Physicians must provide patients with copies within fifteen days of receipt of the request.
How Long Do Medical Providers Have To Allow Me To Inspect My Medical Records?
Health & Safety Code § 123110 specifically provides that the physician must then permit the patient to view his or her records during business hours within five working days after receipt of the written request. The patient or patient's representative may be accompanied by one other person of his or her choosing. Prior to inspection or copying of records, physicians may require reasonable verification of identity, so long as this is not used oppressively or discriminatorily to frustrate or delay compliance with this law.
How Much Can Medical Providers Charge Me For Copies of My Medical Records?
Health & Safety Code § 123110 allows the physician to charge a fee to defray the cost of copying, not to exceed 25 cents per page or 50 cents per page for records that are copied from microfilm, along with reasonable clerical costs.
Consult with an attorney
Damages are limited but the type of damages is very case specific. Given the severity of an incident, a party may even recover for the lost earning capacity and loss of ability to provide household services. Others allow for the recovery of emotional distress, even when the party making the claim was not directly harmed by the incident.
It is important to understand the extent of your damages and what can be recovered based on the specific facts surrounding the claim. It is just as important to consult an attorney in your state immediately following an incident to better understand and protect your legal rights. Do not wait, never hesitate, and reach out to a professional who is ready to serve your needs.
