Legal Question in Medical Malpractice in Virginia

Obtaining Medical Records

I have requested in writing a copy of all of my medical records including all test results from my cardiologist. This doctor will only release to me a copy of the typed summary letters that he sent to my primary care physician summarizing the office visit and results. He refuses to release to me his hand written records or actual test results of my EKGs. Is it legal for him to do this? Am I entitled to a copy of the actual records? How do I go about getting them?


Asked on 3/01/05, 11:39 am

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Obtaining Medical Records

You have to be more forceful in your request and, if necessary, go to the doctor's office and make your demands in person, putting him on notice that if all of the records are not forthcoming, that you will see him in court.

It would also be of help if your current primary care physician would back up your demands by sending his own letter to this recalcitrant practitioner explaining that she needs all of his records with test results in order to provide you with the appropriate and competent followup care which she has every reason to believe that he would want you to have.

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Answered on 3/07/05, 4:47 pm


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