My wife is going through a run-around type situation and I thought I see if I could get some Straight Dope.
Almost 10 years ago she had some foot surgeries by a Podiatrist who has since retired. Because we made a move to Arizona, we physically had the records and X-Rays of that surgery in our posession.
We moved back to California and she gave these old X-Rays to her new Doctor for informational purposes. My wife now wants them back, but the new doctor is claiming that “our office does not release X-Rays.”
I seem to recall in the back of my mind that all these are our property and we could get them when we wanted. Is there a California Law that pertains to this? What is the general status of legal records?
Also since we gave them the originals, we would like the originals back, though the doctor is free to make copies.
In some states the x-rays belong to the Dr. I am supposed to keep them for 7 years after which I can throw them away. I never give out original records, I only give out copies. No doctor should ever give out original records. Even when supoenaed, only copies of records are given.
Your dr. has to give copies of your records and x-rays to you, but you have to sign for them.
Some docs don’t like to give them out to patients because they lose them. I give out x-rays routinely. Half the time they are never returned, but I can’t refuse to give them out. If you’re getting another doctor just ask them new doctor to get them from the old dr.
I’ll go look this up tomorrow if I get the chance, but IIRC, the law in California is the doctor does not have to give you the original records, but does have to make copies (at your expense). There are some records which s/he does not have to copy.
Major Feelgud – welcome to TSD! Tell us about yourself – sounds like you know something about medical records. Are you a doctor? Another Major Doctor? Be interested in your thoughts on the thread about complications from the 'flu – as someone who came down with a nasty case of pneumonia following 'flu a couple of years ago I’m always interested to see what the health care professionals have to say. Here’s the link: http://www.straightdope.com/ubb/Forum3/HTML/004927.html
Thanks for the info, and welcome aboard!
-Melin
“I’ll never argue with a lawyer again.” – The Devil Himself.
Melin: As far as I know, we cannot give out the original medical records, ever. One reason is that if someone decides to sue us our records are the only evidence of the office visit or procedure. Once they are given out to anyone they may be tainted, i.e. altered. Copies are as good as records, and are recognized by Courts as such. We generally don’t charge patients for copying records. The authorization for release generally allows or restricts the release of information such as AIDS, mental illness etc. If the records are for an employer I think any mention of AIDS or such is protected unless specifically authorized by the patient.
handy, I don’t know “how” they do it, but I do know that it can be done. When I was a brand new lawyer I worked for a firm that did medical malpractice defense work, and we used to get copies of records and xrays all the time.
Doc, you are entitled under California law to charge a reasonable cost for the time involved by your staff in copying the records, plus the actual cost of the copies themselves.
AFAIK, in all states medical records belong to the doctor. While you may think of them as your records, they are, in fact, records of treatment you received. On the front of my medical records, it states (remember we are military)
(I guess I really should turn those in some day.)
Just before we moved from Maryland about a year and a half ago, the Washington Post did an investigative article on what various Doctor’s offices and HMO’s charged patients for copies of their files. Most charged a flat fee ($25 was the most common) some charged actual copying cost, and a few charged huge amounts. One, a fairly large clinic in Rockville charged $2 per page. You can see how that could really be expensive. The Maryland State Legislature was going to address that in its next session, but that was after we moved and I don’t know if they did anything about it or not.
“You can be smart or pleasant. For years I was smart.
I recommend pleasant.”
Elwood P. Dowd
I once copied an x-ray by putting a blank under it (in the darkroom) and then flicking the overhead light on and off quickly. It worked too! It doesn’t destroy the original so you can experiment all you want.
Some states limit how much the Dr. can charge for copying records. $2 a page is rediculous.
Ok, the doctor you lent the XRays to is not the same doctor who gave them to you?
Demand them back, threaten to call the police and report them stolen if they don’t comply.
They’re legally yours, you paid, either directly or through insurance to have them made.
If a doctor refuses to release originals, that makes sense, if they made them. But if you had them made elsewhere, they can’t do this. It’s as if you brought in a photo to show the doctor a picture of a relative, when asking about a hereditary condition, and the doctor refused to release the photo.
If they didn’t take it, yet refuse to release it, demand it, and call the police if they refuse. Don’t let them get away with bullying you.