Legal Question in Medical Malpractice in California

When submitting to blood work at a Lab, and the nurse asks the patient to sign the Blood Order Test Form ("Form"), before the nurse injects the needle to withdraw blood, doesn't the nurse suppose to provide a copy of the signed form, to the patient, if the patient requests a copy of that form (that the patient just signed, on the spot)? Isn't it an obligation for any business establishment/Health care facility to give copy of any document signed by the patient? If they refuse to give a copy of the signed document to the Elderly Patient, does patient have grounds to sue the Medical facility for Medical Malpractice, Breach of Contract, Elder Neglect, Unfair Business Practice ("UCL"), N.I.E.D., I.I.E.D., etc. ...Doesn't a patient have the right to keep a copy of any document they put their signature on?


Asked on 1/20/15, 10:08 pm

1 Answer from Attorneys

Len Tillem Tillem McNichol & Brown

You are entitled to a copy of all of your medical records within 15 days of your written request (with certain exceptions for x-rays as the technology of the time wasn't there to make copies of x-rays). They can also charge you copying fees.

Read about it here: http://www.mbc.ca.gov/Consumers/Access_Records.aspx

As for suing, don't bother. Where are your damages?

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Answered on 1/21/15, 9:17 am


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