Legal Question in Medical Malpractice in New Jersey

Re: Release of Medical Records

In general, under New Jersey law, the doctor must provide a patient with a copy of his records within 30 days of receiving a signed written request.

There is an exception where the doctor decides that the patient may be harmed by being aware of what is in the records. In this case, the records must be made available to the patient�s attorney or another treating doctor.

The doctor is generally permitted to charge a reasonable fee for the records.

As far as what you can do about this, this would depend on what you can records for. If you need the records for treatment with another doctor, the doctor may be more likely to respond to a request from another doctor.

If you need the records because you are contemplating a medical malpractice lawsuit, an interested attorney may intervene on your behalf, without charge.

If a doctor persists in refusing to release a copy of the records you might report him to the State Medical Board.

Re: Release of Medical Records

Hi,

I read Mr. Newmark's answer and agree with his response. I recently authored a blog post which provides some additional information from a different perspective, which I hope is helpful in completing the picture.

Here's the link:

http://lberezin.wordpress.com/2009/05/20/dont-make-this-mistake-serving-a-subpoena/

If you have any questions, or wish to continue our conversation, please feel free to contact me