Legal Question in Business Law in Virginia
Small Business-Animal Hospital
I want to know can a small business such as an animal hospital, keep your pet's medical records from you if you owe them money and they sent your bill to collections? Either way you look at it, they're still going to get there money even if it's today or 3 months from now.
3 Answers from Attorneys
Re: Small Business-Animal Hospital
This happens to humans sometimes, and it is considered a breach of medical ethics that can get a medical doctor in trouble with the state medical board. I don't know if a similar rule applies to vets. I suspect not.
Re: Small Business-Animal Hospital
I suspect not as well. Will a mechanic give you your car back if you haven't paid your bill? No. The same idea applies- what makes you think they will "get" their money. Why don't you just pay thier bill- small businesses have enough to worry about, they shouldn't have to worry about tracking down deadbeats.
Re: Small Business-Animal Hospital
You raise a number of different points. If there is a genuine dispute and it goes to court, you certainly can subpoena the documents to the extent that they are necessary to prove whether the money is due or not. However, when you say that they are going to get the money anyway, it sounds as if there is no dispute about the money being due, so I don't know about that.
Certain industries are regulated. If this were an attorney, the answer would clearly be no, they cannot withhold the records while demanding payment. I believe that medical records for a human being -- by regulation -- must be released, but I'm not very familiar with that.
Unless there is a particular rule for veterinarians, then they can withhold the records (unless there is a contract between the business and client which says otherwise).
So the question is whether there is any professional regulation for veterinarians? I don't know. But I would not be surprised if the licensing authority for veterinarians has rules that say something about this sort of thing. The rule might not be what you want to hear. But I think that you should contact the agency that licenses a veterinarian in Virginia. I don't know who this is off the top of my head, but I believe it would be as easy for anyone to search on the internet or by some telephone calls to find out. I would suggest you start at:
http://vaquick.state.va.us/T_PBResult.CFM
http://www.vdacs.virginia.gov/
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