Legal Question in Health Care Law in California
Medical records, & what's allowed?
I might have a malpractice case and I have all my medical records with the exception from my surgeon. (Which I want HIS records more then anyones.) He is the one I am claiming botched my surgery and caused injury. I have 7 doctors & ALL of them have given me their progress notes along with all my other records. But my surgeon says I am not entitled to his progress notes. He says those are his. How come all my other doctors gave me their progress notes? Someone told me HIPPA states I am entitled to his progress notes. Am I, and if so how do I make him hand them over? I will need these for an attorney. What's he hiding?
1 Answer from Attorneys
Re: Medical records, & what's allowed?
He will be disciplined by the medical board if you file a complaint. Go to his office and demand all your records in writing. Keep a copy of your demand and if you do not get your records in 5 days call the medical board.
Good luck.