Home     Law Advice     Insurance Advice     Community    
        View All Law Topics        Free Case Review        Legal Resource Directory        FreeAdvice Answers       
Home > Law Advice > Nursing Home Abuse & Neglect > Why So Difficult For Patients To Access Own Medical Record
Nursing Home Abuse & Neglect
  All States        
Why It Is So Difficult For Patients To Access Their Own Medical Records

Attempting to access your own medical records should be easy. After all, they're your records. However, most people who have asked for copies of their records will tell you that it wasn't all that easy. So, why is it so difficult? The answers may surprise you.

The importance of medical records

Medical records, whether requested from a hospital, clinic or nursing facility, are important documents to have – especially when something has gone wrong and loved ones are trying to figure out what happened. The records might show that an error occurred and expose the medical facility to liability. That's what a recent article in USA Today reported. The article focused on a California women who lost a loved one.

Stalling tactics

According to the article, a woman's adult son was being treated at the Fairchild Medical Center in Yreka, California for a drug overdose. The nursing staff told her that his condition was stable. However, seven hours later – he died. Shocked, she requested her son's medical records, but the medical center ignored her requests until six years later. The records showed that her son's blood pressure had dropped dangerously low – something that should have been addressed by the medical center staff to save his life.

The woman lost her ability to sue the medical center because California's three year statute of limitations had already expired. Was the medical center's timing just coincidence? Industry analysts don't think so and say that these stalling tactics are used all the time in hopes that the person(s) requesting the information will simply give up or that the statute of limitations will expire before a claim can be filed.

While honest clerical mistakes do occur, patients should not have to wait more than a reasonable amount of time.

Tips on how to get your medical records

  1. Be polite, yet firm, when requesting records.
  2. Identify the name of the person in charge of providing the records.
  3. Put your request in writing and send it certified mail to the person in charge.
  4. Follow up as many times as necessary in writing. Remember, the squeaky wheel gets the grease…
  5. Document every conversation you have with the person in charge or anyone else at the facility.
  6. When all else fails, consider contacting an attorney to act on your behalf.

To view the full USA Today article, go to: www.usatoday.com/news/health/2008-04-29-medical-records_N.htm.



Related Information
» Nursing Home Abuse and Neglect
» Nursing Home Abuse Claims
» Nursing Home Abuse Lawsuits

Topics Related To Nursing Home Abuse & Neglect
» Malpractice Law
» Hospital Malpractice
» Legal Malpractice
» Medical Malpractice
» Nursing Home Abuse & Neglect
 
FREE CASE REVIEW
 


Free Medical
Malpractice Case Evaluation
Reviewed by an Experienced Attorney
State where incident occurred


City where incident occurred
Please select state first.

Enter your Zip Code





» Ask a question in our legal forum

» Search our legal resource directory

» Find an attorney in your area

» Let us find a lawyer for you




HACKER SAFE certified sites prevent over 99.9% of hacker crime. State Law Center  |  Legal Resource Directory  |  Legal Articles  |  Insurance Advice and Quotes  |  FreeAdvice Answers  |  Community Forums
Media  |  Privacy Policy  |  About Us  |  Contact Us

FreeAdvice® has been providing millions of consumers with outstanding legal and insurance information and general advice, free, since 1995. While not a substitute for personal advice from a licensed professional, FreeAdvice is available AS IS, subject to our disclaimer and conditions of use.
FreeAdvice®, AttorneyPages®, ExpertPages® are registered trademarks and units of Advice Company.
All Rights Reserved © 1995-2009