Legal Question in Administrative Law in Washington

Re: Do I have the right to my medical records?

If you play it right, you stand to make you attorney, and perhaps yourself, a little cash off the good doctor. You'll want to familiarize yourself with Chapter 70.02 RCW at http://www.leg.wa.gov/pub/rcw/title_70/chapter_002/.

First, he is partially right: the records are his. But, the information is yours. Thus, you have the right to copies. (Perhaps you were asking for the records themselves.)

1. Did you make the request in writing? Doesn't sound like it.

RCW 70.02.080 Patient's examination and copying--

Requirements. (1) Upon receipt of a written request from a patient

to examine or copy all or part of the patient's recorded health

care information, a health care provider, as promptly as required

under the circumstances, but no later than fifteen working days

after receiving the request . . .

2. Do a written request. If they don't provide it in 21 days (15 working days, but watch out for any intervening legal holidays), read RCW 70.02.170. Hire an attorney, pay a filing fee of $110, and a process server $20+ to serve it on the doctor.

3. Do you only want the records, but don't want to teach the doctor the law? If so, then provide a copy of the law with your request. You'll have within 15 working days.

4. If you think the doctor needs a comeuppance, then do it in a way that it will probably be disregarded. If so, you can go to court. Write on a piece of paper: Dr. Jones. I'd like a copy of my medical records. Bill Smith. [address] If a friend takes it in for you, he can write a Declaration that he delivered it. (Keep a copy.) Or you could take it yourself and have them stamp your copy received.

Then wait and see. And be prepared to pay the copying fees as set forth in the statute.

Gary Preble

Olympia

360-943-6960