FAMILY MEDICINE® COLUMN
By John C. Wolf, D.O.
Associate Professor of Family Medicine®
Ohio University College of Osteopathic Medicine

DOCTOR MUST GIVE READER HIS MEDICAL RECORDS

Question: The doctor I have gone to for many years has recently retired. He initially said that I had to choose a new doctor and have my records sent there. After several conversations, he has finally agreed to give them to me instead of only sending them to another doctor. Don't I have the right to my medical records?

Answer: The original version of your records is the property of your physician. However, you generally have the right to a copy of them for any reason you deem appropriate. For instance, you might want to:

show them to your new doctor or to another doctor who is examining you for a second opinion,

read them because you absorb information better in written form,

look over the records to satisfy your curiosity,

or review them for insurance or legal purposes.

So you're basically correct about your right to your medical records. Furthermore, your doctor can't refuse just because you're angry, or because you haven't paid all of your bills.

However, there are conditions under which your doctor may withhold some or all of your medical records. Your doctor may refuse to release your records if the information contained in them would pose a threat to your health. This type of situation is quite rare. There are also a few other exceptions to the general rule of full access to your records that may cause some confusion, so I'll try and explain them for you as well.

Your doctor's version of your medical record probably contains information that came from consulting physicians or other sources in other words, records that your doctor has in your folder but did not personally create. It is unlawful for your doctor to release this "outside" information. Release for it must be obtained from its author, the consulting physician. Not all doctors strictly adhere to this rule because it causes considerably more work and inconvenience for you, the patient.

There are two special situations that require you to specifically state that you want certain sensitive material released to you or to others. If you want details about mental health care or any HIV testing included, you must explicitly ask for it in writing. Records obtained by simply requesting "my medical records" will not contain this kind of information.

I suspect that your retiring doctor was reluctant to release your records to you because he hadn't reviewed the relevant legal issues lately. Someone perhaps you -- brought about his change of policy by raising the issue in such a way that he was motivated to find out from his attorney or professional association what was required of him by current law. It was good that this happened, because we all should know our rights -- and demand them when we must.

Family Medicine® is a weekly column. To submit questions, write to John C. Wolf, D.O., Ohio University College of Osteopathic Medicine, Grosvenor Hall, Athens, Ohio 45701.