Your medical records represent the sum total of
your medical history. They reveal every illness you’ve ever
suffered, every medical test your doctor ordered and every drug
a medical professional ever prescribed for you. With such valuable
information at stake, patients have both a right and a responsibility
to become the keeper of their own medical records.
Unfortunately, many patients believe their medical
records are the doctor’s property and that patients have
no rights to them. But in Texas, the Medical Practice Act allows
you to obtain a copy of your medical records or to instruct that
a copy be given to another individual or doctor. A doctor may keep
the originals, but is required under Texas law to release copies
when you submit a written request.
To obtain your records, you must be very explicit
about which records you want. You must also give a reason for the
release and identify the person who will receive the records. It’s
also a good idea to send the request via certified mail or to deliver
it by hand to ensure that your doctor receives it.
Within 30 days, your doctor must provide the copies,
but is allowed to charge for them. Fees should not exceed $25 for
the first 20 pages and $.15/per page thereafter. You may also have
to pay for delivery costs.
Many patients also mistakenly assume that they
don’t need to worry about getting their medical records right
now, instead thinking they can do so in the future, whenever the
need arises. That’s not always the case. Most doctors generally
keep a patient’s chart for about 10 years after a visit.
While some smaller practices will keep patient files until the
office closes or a patient dies, other larger practices have standard
file purging procedures in place.
To be on the safe side, it’s best to get
copies of your records sooner rather than later. Also, check with
your current and previous health care providers about their office
policies for maintaining medical records.
Victims of medical
malpractice can sue for the injuries incurred and all direct
consequences of those injuries including mental and physical
pain and suffering, lost wages, medical expenses, or other economic
damages. If you or a loved one has suffered due to Medical Malpractice
or Medical Mistakes,
please Contact The Rasansky Law
Firm to learn about your rights and
legal options regarding your Medical Malpractice Claim.
