Do patients have rights to request operative notes from a surgery?

Question

Do patients have rights to request operative notes from a surgery? I had an umbilical hernia repair last year and requested my surgeons notes and reports and I was told by the receptionist that she needs to get permission to release the surgery notes to me. Is that typical? I kind of got a feeling of them hiding something. It could be paranoia- I watch way too much Grey's Anatomy. I'd like to have this info to share during consultations with P.S. because I'd like to have a tummy tuck done.

David J. Wages, MD · Answer

Thank you for your question.  It may seem like you were given the run around but there are specific laws and regulations that require one to have a written request and proof of identity before any medical records can be released.  The records can only be released to the person requesting them unless there is an additional release that says it can be given to someone else.  Good luck.

Matthew H. Steele, MD · Answer

Thank you for your question.  Yes, typically you will need to sign a medical records release form.  That is standard and there are numerous laws that regulate access to medical records.  You will be able to get your records as long as you fill out the appropriate paperwork.  Good luck.

Itzhak Nir, MD, FACS · Answer

You have the rights to all of your medical information from any physician you have seen. This includes your operative reports.

Earl Stephenson, Jr., MD, DDS, MBA · Answer

The patient has the right to his or her own chart. You should not have to sign a release to get your own information. I will speak to the office manager instead of the receptionist concerning this matter.

Ira H. Rex lll, MD · Answer

It is required that your medical record be available to you only with your written permission. This may take a number of days get the records pulled and copied for you. Doctors offices will have different policies about how they get released, and I certainly think it is appropriate for the doctor to review the note prior to that release.

Dana Goldberg, MD · Answer

The short answer is yes. You have a right to your records. But, you may have to jump through a hoop or two to get them, and a short delay doesn't necessarily mean the office is being suspicious. In the 1990s, the Healthcare Insurance Privacy and Portability Act (HIPAA) was passed, and among other things, it set rules about maintaining patient privacy with regard to medical records. Offices have to ensure the records are released to the right person, so some offices have a policy that a written request is needed. Also, your physician may have a policy of reviewing records before they are released to ensure all relevant documents are included. If you run into delays, the plastic surgeon you see can always send over a written records request (it's routine of offices to do this). Finally, if you really do have trouble getting your records, you might consider contacting the hospital or surgery center where you had your surgery directly. You can always at least get the operative report.

Nelson Castillo, MD · Answer

Thank you for your question.  Operative notes are part of your medical record, and can be released by your surgeon's office to other specialists at your request.  You will need to provide the office with a signed letter permitting them to release your records.

Robert Frank, MD · Answer

More likely than not, the office has privacy forms that need to be completed before your records are released. You likely will need to sign a release then give the office a couple days to get copies made.

Joubin Gabbay, MD · Answer

You have every right to your medical records. No need for paranoia! Your doctor is required to have you sign a medical release in order to give you the documents, but they are entirely yours.I wish you the best.Dr. Gabbay.

Jaime S. Schwartz, MD, FACS · Answer

I appreciate your question.

Yes you can request your medical records no problem from your surgeon.  You just need to sign a release form and they will give them to you.

The best way to assess and give
true advice would be an in-person exam.

Please see a board-certified
plastic surgeon that specializes in aesthetic and restorative plastic surgery.

best of luck!

Dr Schwartz

Do patients have rights to request operative notes from a surgery?

Answers (17)