Legal Question in Medical Malpractice in New York

My dentist in NY (Nassau County) is refusing to give me copies of my dental records. It was only 1 visit so it shouldn't be more than 1-2 pages (plus 1 set of x-rays). I know NY State law requires it as I looked it up online and it seems like it is required under Article 1, Title 2, Section 17 of the Public Health Code. I also understand he can charge me 75 cents per page.

My question is if he still refuses to give them to me even after I point out to him the legal requirement, who do I contact to file a grievance or force him to disclose? I cannot afford to hire an attorney to make him do what he is supposed to do.

Also, as it happens, I used to go to him as a child (30 years ago). I mentioned to him that I was a child patient and he even admitted to me that he still has THOSE records but again, will not provide me with copies of them. According to the statute, he is only required to hold them until I turned 21 (18 years ago). But, since he admitted he still has them, will the law requiring giving me copies apply to these child records as well?

I thought that being a patient of his so long ago he would be somewhat nice/polite/friendly to me after all this time. I cannot believe that he is being VERY difficult.

Thank you very much in advance for any help/advice you can provide.


Asked on 3/27/10, 7:43 pm

1 Answer from Attorneys
Jason Kessler Law Offices of Jason B. Kessler, P.C.

Call the office of professional discipline New York State Department of Education and make a complaint against him. I guarantee that he will give you your records pronto.

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Answered on 4/02/10, 8:44 am


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