Who owns the files that are kept when I visit my doctor?
If they are my files, can they charge me before handing them over?
It seems like the original files should be mine, and I believe I have already paid for them. I believe I should be able to take them with me when I fire his sorry ass. If they feel they need to keep copies, they are free to make them. But it should be on their dime, not mine.
Am I right?
IANAD, and I could be wrong, but I believe in CA those “records” belong to the doctor and not you. He created them, not you, and although they are about you, that doesn’t mean you own them. They provide a record of your visit, what work was done, and perhaps what was recommended. If you took them home with you because they were “yours” it wouldn’t do the doctor much good the next time you came in for help.
You are certainly entitled to a copy of them… and most doctors are happy to provide you a copy if you ask them nicely and pay a duplication charge. I don’t think they can charge you something “unreasonable” for a copy… if I am wrong someone will come by soon to straighten us out.
This from the Medical Board of California…
Who owns medical records? Do the records belong to me?
No, they do not belong to the patient. Medical records are the property of the medical provider (or facility) that prepares them. This includes films and tracings from diagnostic imaging procedures such as x-ray, CT, PET, MRI, ultrasound, etc. The patient has a right to view the originals, and to obtain copies under Health and Safety Code sections 123100 - 123149.5.
http://www.medbd.ca.gov/consumer/complaint_info_questions_records.html#10
…I feel another Seinfeld joke coming on here (Elaine and her records).
I had to pay $30 for a copy of my dental x-rays. They would not give or loan my x-rays to me and would only sell me a copy.