Still waiting for medical records. What recourse do I have if they never provide the records?

Question

It's been over 2 months since I requested the records regarding my facelift w/fat transfer procedure and I still haven't received them. I signed their forms, verified my addresses, and nothing. Is it reasonable for me to feel suspicious about this? How long does it take to produce records? I will make the request again, but what recourse do I have if they never provide the records?

Semih Yildiz, MD, FEPOBRAS · Answer

Two months is longer than I would expect for a routine medical record request. In the U.S., HIPAA generally requires a covered provider to act on a valid request for records within 30 calendar days, with one possible 30-day extension if they give you a written reason for the delay and a completion date. A delay does not prove that anything improper happened, but it is reasonable to follow up firmly and keep a paper trail.

Submit the request again in writing and send it in a trackable way, such as certified mail, fax confirmation, or a patient portal message. Address it to the practice manager or HIPAA privacy officer, list exactly what you want, include the dates of surgery and prior requests, and ask for confirmation of receipt. If there is still no response, you can escalate to the office owner/administrator, file a complaint with the U.S. Department of Health and Human Services Office for Civil Rights, and contact your state medical board. If the records are needed for a dispute or another doctor's care, consider speaking with a local attorney or patient advocate for guidance specific to your state.

Jeffrey M. Darrow, MD · Answer

A visit to your doctors office with another written request in hand can be helpful as it’s more difficult for them to ignore you standing in front of them.  A complaint to the Board of Medicine in your state can also help.  Finally, although this costs you money, a demand letter from an attorney also is effective.  Best wishes.

Gerald Minniti, MD, FACS · Answer

Call them again and inform them that they have a limited amount of time to produce and deliver the records to you before you make a formal complaint with the state medical board.

Ronald J. Edelson, MD · Answer

You are entitled to receive your records. Call the office and tell them you will go to the office to pick them up. Withholding medical records is illegal

Kenneth D. Steinsapir, MD · Answer

Contact your state medical board. This is the agency that license physicians. They are a consumer agency. Generally state law will specify how much time a physician or surgeon has to respond to a request for medical record. In California that time frame is 7 days. If a physician fails to provide the records the consumer can file a complaint with the medical board and the board will contact the physician and take other action if they are noncompliant.  I also suggest you report the unwillingness of the surgeon to provide medical records on surgeon review sites like Realself, Yelp, etc. If you choose to do this, stick with he facts. Don't embellish and don't engage in defamation.

Connie Hiers, MD, FACS · Answer

You can contact the medical board of your state and discuss the issue you are having. If the office is still open and the surgeon is still in practice, the board can submit a request on your behalf. However, I would submit another request to the office by certified mail so you know they did receive the request.

Darryl J. Blinski, MD · Answer

Important question in medical ethics and patient care. Each state has differing requirements regarding release of medical records to patients. In Illinois, best to call the Illinois Medical board to ask the timing requirements for receiving your medical records. On average usually 10 business days is the acceptable time limits. Might go in person to the office to demand copies.....

Mats Hagstrom, MD (license on probation) · Answer

Your experience is unfortunate.
Try sending a formal letter, including a signed release using registered mail.
When the office receives registered mail, they usually take things more seriously.
The other option is to call the office on a daily basis until you get your documents.
Let them know you have a legal right to the documents, and if they don’t comply, tell them you’ll ask an attorney to request the records which should get their attention.
Good luck,
Mats Hagstrom MD

Still waiting for medical records. What recourse do I have if they never provide the records?

Answers (8)

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