Legal Question in Medical Malpractice in Michigan
Can I view my medical records?
I saw a psychiatrist for 6 sessions or so for ADD and anxiety. I am no longer seeing this psychiatrist but I want to look at my complete psychiatric record, including all the notes he wrote down during the sessions. Do I have a right to do this? I called the office today and explained to the receptionist that I want a copy of my psychiatric records. She then said that they do not make copies for patients. She said the only way I can see them is if I make ''an appointment to go over the records with the doctor.'' This appointment will cost $70. Do I have the right to physically read ALL his notes, or can he just look at the notes himself and pick and choose what info. he wants to share? I was very dissatisfied with this doctor, do I have a right to contest any of the info. he wrote about me? Do I have a right to demand a written copy of ALL the session notes and diagnoses? Any advice would be greatly appreciated.
1 Answer from Attorneys
Re: Can I view my medical records?
The federal law giving patients and family members access to medical records is the privacy section of the Health Information Portability and Accountability Act. There is an exception under HIPPA which allows health care providers to withhold psychiatric records with an explanation. These records include the psychiatrists psychotherapy notes which are defined as �notes recorded in any medium by a health care provider who is a mental health professional documenting or analyzing the contents of a conversation during a private counseling session or a group, joint, or family counseling session.�
These notes are the mental health professional�s personal notes of a therapy session. In order for the notes to qualify for the exemption from disclosure, they must be kept separately from the patient�s medical chart.
The short of it is that HIPPA requires that the physician provide you with a copy of your medical chart. This would include your symptoms, diagnosis, testing, treatment, etc., and any notes included within the medical chart that are not kept separately.
Send a letter signed and dated before a notary requesting your rights under the HIPPA law. If you receive a redacted medical chart, you can then follow-up with a request for the omitted sections because they were not kept separately from the medical chart.
If you require legal assistance in obtaining this information, please contact me via my website at www.lawrefs.com.
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