Legal Question in Legal Malpractice in California

Patients right regarding chart

Does the patient have the right to ask the treating doctor not to include an email from patient to doctor in the chart, or to ask him to treat the email like a phone call and to make secondhand progress notes instead of including the complete email? Or, lets ask like this, is the doctor required to include the email in the chart or can he or the patient opt to have only the medical facts included in the chart?


Asked on 2/12/08, 11:49 pm

1 Answer from Attorneys
Robert L. Bennett Law offices of Robert L. Bennett

Re: Patients right regarding chart

The only possible violation of law would be violation of privacy, but I have never heard of it extended to hospital charts.

Moreover, doctors have wide latitude in discretion in treating patients.

Without knowing more about your alleged e-mail, I don't see any possibility of a lawsuit.

Maybe another lawyer would see it differently.

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Answered on 2/13/08, 10:36 am


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