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Defeating The Medical Records Paper Copy Scam, by Max Kennerly, Esq., Litigation and Trial Blog (with hat tip to Evan Schaeffer, The Trial Practice Tips Blog!)


Mr. Kennerly explains why obtaining medical records need not be expensive, and provides a sample letter with citation to legal authority. -CCE

Hardly a day goes by without a letter from my office either requesting medical records or paying for them. Some days, I sign more than a dozen. It’s perhaps the most common thread among all my cases: the vast majority of my clients have been physically injured in one way or another, and at a bare minimum, I need the records from their doctors and hospitals to show the diagnoses they have and the treatment they have received.

Every patient has a right to receive their medical records, and by law should be able to obtain those records promptly at no markup, with no padded fees, and no unnecessary charges from the hospital or the records company. But if there’s money to be made, someone will try to make it, and over the past decade a whole cottage industry has developed around the “business” of trying to cheat patients trying to get their medical records. Sometimes health care providers outsource this ‘business’ to third-party companies, and sometimes the hospitals and health systems play the con game themselves. . . .