Legal Question in Civil Rights Law in Virginia

Withholding Medical Records

Can a physician withhold my medical records due to unpaid bill. I had lumbar spinal fusion done in 2001. My medical insurance would not cover the surgery which forced us to file bankruptcy with doctor and treating hospital. I now have a work related injury and need to see another neurosurgeon. My PCP is unable to find one that is willing to accept my case due to previous surgery. One neurosurgeon may accept my case but would like to review my medical records. Previous neuro refuses to release records until past due bill is paid. Is this legal. Thank you in advance for any help concerning this matter.


Asked on 3/23/04, 7:22 pm

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Withholding Medical Records

The doctor has no business withholding your records for an unpaid bill. This goes double if you received a discharge in bankruptcy. Please write back and tell me if you did in fact receive a discharge in bankruptcy. You may have a good lawsuit against him. At the very least, a letter on attorney letterhead ought to result in the disgorgement of your patient records.

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Answered on 3/23/04, 9:34 pm


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