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Fri, 2 Jan 1998 23:00:25 EST |
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AOL (http://www.aol.com) |
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I'm a physician, not a lawyer so I don't know the actual statutes pertaining
to this question. While it is my understanding that the records are
technically the property of the physician, I do not believe he/she can
ethically or legally withhold records from a patient who requests them. The
patient may be required to pay a fee to cover copying costs ($0.10-$1.00 per
page). Failure for a physician to provide records to another health
professional after records release has been signed by the patient is probably
a punishable offense by the State's DPR (Dept of Professional Regulation)
since it could result in medical harm to the patient because the new health
provider wouldn't have adequate potentially life saving information to treat
the patient. I'm less clear about the rules governing the release of records
directly to the patient although I can't imagine any reputable health
professional refusing to do so. My advice is for the patient to call his/her
State's Deptarment of Professional Regulation or Attorney General's office and
ask what the law is. Regardless, I'd also send a certified letter to the
physician requesting a copy of the records and specifying that a copy of the
letter is being sent to the State's DPR,as well as to County Medical Society.
A request on legal letter head would probably also do the job.
I apologize on behalf of all physicians for this reprehensible, immature
behavior by this health provider.
Peter Salomon, MD
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