who 'owns' medical records, patient or doctor?

[glenn1]

Here's the situation, i'm out of the military now, and have been for a while. I found a local doctor who accepted me as a patient, and as I had brought with me a copy of my medical files (i xeroxed them before i left the service), i gave them to the doctor to put into my newly created patient file.

Needless to say, the situation is not working out entirely satisfactorily. Due to (presumably) a grossly oversize base of patients, i have not yet seen my doctor. Not for an initial physical/checkup, which i figured a doctor would want to perform on any new patient (at least, as a non-doctor, i figure he would want to), much less one who had been in a job position such as mine previously (i was a paratrooper and in the Special Forces, so i've definitely had some boo-boos over the years). I have been in his practice for over a year, and am told the physicals waiting period is still 4-6 months.

To me, that is completely unacceptable. I'm tired of having my healthcare plan pay a doctor to be my family practioner, whom i can't even make an appointment to see for a routine exam (the receptionist helpfully suggested that i claim an illness so i could be seen quicker). I'm planning to look for a new doc, but want to know if i will be hassled in getting back my medical records which i entrusted to the old doctor's care.

So here's my question, who would those medical records 'belong' to, me or the doctor?

 

[vi edit]

Actually, I believe that the hospital/office/clinic ect owns the records. BUT, they do have an OBLIGATION to turn them over to you and/or your new doctor's office.

 

[Raspewtin]

<< So here's my question, who would those medical records 'belong' to, me or the doctor? >>



The thing is that the doctor you were seeing is legally required to keep a copy of your record for at least 5 years (possibly longer in some states) and provide you access to it for that length of time. Thus he can't just hand it over b/c if you want to ask him again in say a year and he doesn't have it, he gets in trouble. However you are entitled to a copy also. I can tell you from managing a doctor's office it would be great if the chart followed the patient from doctor to doctor to hospital etc. it would really save a lot of wasted time re-entering data and storage of records.



<< To me, that is completely unacceptable >>



I agree, that is rediculous.

 

[colossus]

Yeah, what they said

Just go in and ask politely for a copy of your entire medical record. If there are any X-rays or other material that needs to duplicated they may charge you a reasonable fee which they are entitled to do.

If they don't give you a copy in a few days raise hell with a lawyer as it's the law.

Good luck

 

[woodie1]

If you decide to go to another doctor for primary care you should inform the new doc where your records are and he/she will give you a form to sign requesting a copy of your records.

As to getting a copy yourself, I think state laws vary.

 

[obiwaynekenobi]

medical records are yours if they don't give them to you. get a lawyer

 

[Yo Ma Ma]

A couple of times when I see a new doctor, I just sign a form that says they can contact the previous doctor and get them that way, easier on me I think.