Am I entitled to inspect and copy my own medical records?
Yes. In California, you’re entitled to view and copy records of your medical treatment. Sometimes doctor’s offices don’t want to comply because they’re worried you’re going to sue them. Sometimes they don’t comply because they don’t have good office procedures. Oftentimes, you only need to call them and tell them that you plan to come by and copy the records. The doctor or hospital may charge you a fee.
If they won’t comply and give you records you should put request in writing. Email me for a sample letter.
Code sections that could be helpful for you include California Health & Safety Code 123110, which states that any adult patient of a health care provider, any minor patient authorized by law, to consent to medical treatment, and any patient representative shall be entitled to inspect patient records upon presenting to the healthcare provider a written request for those records and upon payment of reasonable clerical cost, incurred in locating and making the records available.
You’re also entitled to copies of any or all portion of the records upon presenting a written request to the healthcare provider specifying the records be copied. They can charge a fee to defray the cost of copying that shall not exceed .25 cents per page or .50 cents per page if they’re being copied from microfilm.
The healthcare provider should ensure that these copies are transmitted within 15 days. They’re also obligated to make copies of x-rays and other diagnostic items.
Evidence code section 1158 states that if an attorney at law or his or her representative presents a written authorization, signed by an adult patient, guardian or representative, the medical provider shall promptly make all the patients records under the medical provider’s custody or control available for inspection and copying.
There’s a fine for violating California Health & Safety Code 123110 that could also include attorney’s fees and costs.
So in summary, you’re entitled to those records. Sometimes they’ll just give it right over to you and charge you a small fee. Sometimes all it takes is a phone call. Other times, you’re going to have to send a letter which will hopefully wake them up and get them to give you your records.