Legal Question in Legal Ethics in Ohio

Doctor refuses to release medical records

Hi! I'm pregnant with my third child. I unfortunately miscarried my other two and didn't feel comfortable with my ob/gyn so I went to a different one. When discussing my previous miscarriages with my new ob he wanted to look at my medical records to see if he could figure out why I lost my other two. My previous doctor never did explain why I miscarried so my new doctor is concerned. I signed a release form for my records to be released to my new ob but my old ob's office has just called and left a message that they will NOT release my records until I pay a remaining balance of $138. Aren't those MY records and aren't they possibly interfering with my new ob possibly discovering why I have miscarried before and he may help prevent any future miscarriages? My records shouldn't be up for ransom! Everytime I received from my insurance company the patient responsibilty portion it was always $0.00 and I have repeatedly asked my ob's office to itemize what I owe and why, but they haven't. I want my records and aren't I entitled to them? Thank you!


Asked on 5/10/06, 6:40 am

1 Answer from Attorneys
Paul Nidich Paul A. Nidich, Attorney-at-Law

Re: Doctor refuses to release medical records

Yes, they are your records, and it is unethical for the doctor to hold your records ransom. Your only redress, however, is to file a complaint with the Medical Board.

Unfortunately, you need your records now and not in months. My advice is to pay the ransom, preferably with a credit card, get your records, and hire an attorney to follow-up.

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Answered on 5/10/06, 10:50 am


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