Legal Question in Medical Malpractice in Florida
I have requested my medical records from a doctor that refused to give me my prescription unless I agreed to pay him 45 dollars for a urine test,the doctor told me he had gotten a letter from someone that had said that I smoked marijuana.I was very insulted by his request.I agreed to take the urine test,but I did not want to pay the 45 dollars,since I wasn"t the one needing the test.My question is,if I ask for my medical records,can the doctor refuse to give them to me?Also,isn"t the letter that was sent to the doctor,part of my medical records?
1 Answer from Attorneys
Doctor cannot refuse to give you the medical records; however, he can charge a reasonable copying fee for them.If he fails to give you the records, file a complaint. see http://www.doh.state.fl.us/mqa/enforcement/frm_general-medUCF.doc
Also, what right does he have to pass on his moral judgment on you? This is clearly a violation of his ethical duties as a doctor?
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