Accessing Medical Records

  • You have the right to request your child’s medical records for your own use.
  • Make your request for medical records far in advance of any meeting or appointment where you might need them.  It can take weeks, if not months for a facility to process a request.
  • Submit your request in writing, and save a copy of your request.  Typically you need to include the patient’s full name, date of birth, social security number and dates of service along with a very specific list of the types of documents you want copied and the reason for requesting the copies.  Note that requirements may vary from provider to provider. Check with the medical provider in advance of mailing the request to ensure you have met all their requirements. Failure to do so could result in significant delays.
  • Don’t think for a minute you can walk into a medical office or medical records department and request copies of your child’s medical records on the spot.  You have better chances of winning the lottery.
  • Be aware that you will quite likely pay a very large fee for copying medical records.  While you aren’t likely to notice it at the time, given all the documents you have to fill out, most medical providers make you sign an agreement to pay these fees at your very first medical appointment. This fee can cost you over $1.00 for each copied page, in addition to postage, shipping, and delivery fees.
  • Doctor’s offices often contract out with private companies to fulfill requests for medical records. You will have to pay those companies directly, and they will quickly turn you over to collections if you don’t.
  • Be aware that different rules may apply depending on who needs the medical records and the type of insurance you have.  Your physician may be required to provide copies of your child’s medical records free to other physicians.  So, if you have a new physician or specialist request copies themselves, you may be able to avoid the fees that you would incur if you personally requested the records to take to the medical appointment with you.  It is unlikely you can avoid copying fees if you want copies of your child’s medical records for an attorney or for your own use.
  • Think ahead.  Ask your child’s nurses for copies of blood work or test results during your doctor’s appointments and hospital stays and collect them as you go.  Odds are high that you won’t have to pay for these copies, and you will then have these documents available to you (should you need them at a later date) to make copies yourself at a local copy shop for pennies on the dollar.
  • Consider keeping copies of recent medical records (including blood work) in a binder that you can take with you to medical appointments, the hospital, or emergency room.  You don’t want to remember something incorrectly in a stress-filled emergency situation, and you would be surprised at how often doctor’s offices misplace documents. If your child has a complex medical history, his files (note the plural) are likely quite large, particularly at the local hospital and at your pediatrician’s office.
  • Keep in mind that there are some medical records that your provider is not required to release to you, such as notes or minutes from a surgical or medical peer review committee.  These types of records may be considered confidential and may not be subject to court subpoena or other discovery rules.  Consult with an attorney for additional guidance in this area.