Legal Question in Health Care Law in Colorado
Hospital has refused to release a copy of my medical records/ Possible Medical B
I was a patient at a hospital in Colorado Springs, CO and have made several attempts to obtain a copy of my complete medical/hospital records. The hospital has refused to give me a copy. How can I obtain them?
During my hospitalization, I was not able to make decisions concerning my care. My wife held a durable medical power of attorney, yet I underwent procedures that my wife directed to NOT be performed. These were not life-saving procedures. Is this a case of medical battery on the part of the physicaians and or hospital?
1 Answer from Attorneys
Re: Hospital has refused to release a copy of my medical records/ Possible Medic
Under the federal HIPAA statute, you have an absolute right to see your medical records. You should call the hospital's general number and ask to speak to the "Medical Records" office. That office should prepare a complete copy of your medical records once you arrive in person and present your identification. If the office refuses to comply with the federal law, then it will likely be subject to monetary and other sanctions. You can tell the Medical Records office that you have been advised by an attorney that the federal law requires them to release a complete copy of your medical records upon request.
As far as your question about physician battery, that must be answered by a CO attorney. In most states, physician battery can be a crime depending on the severity of the battery.
Michael A. S. Guth
http://riskmgmt.biz
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
