Curry & Tolliver, PLLC FAQ - How Do Patients Obtain Their Medical Records?
You are entitled to copies of each and every piece of medical information which concerns you anywhere in the U.S.
You have to ask for them, making it clear that you know you can get them, and you often need to insist and accept no excuses.
The request for medical records is made at your doctor's office for his office notes, reports and test results, and at the medical records department of your hospital for all events happening while you were a patient there.
They may properly request that you sign a release of information for what they will provide for you.
There may be a copying charge, but they cannot deny the records to you.
If you want to present your records for a complete malpractice evaluation, or if the records are being collected in preparation for litigation, be sure to specify what you want. DO NOT accept summaries that the health care providers choose to give you.
A physician or hospital has both an ethical and legal duty to preserve in confidence any communication from his patient unless the patient instructs otherwise. Generally a doctor violates a patient's right to confidentiality by releaseing information about his or her medical condition to unauthorized persons or organizations without first having obtained the written consent of the patient.
Rarely is the mistake of a physician explicitly revealed in the physician's medical record. Circumstantial evidence is a legitimate way to prove medical negligence, particularly where one would not expect to find an explicit confession of negligence in the record.
West Virginia Medical Records Law
If you were harmed while under the care of a medical professional or hospital, you may be entitled to compensation and rehabilitative medical treatment. Only a doctor can truly know if the standard of care you deserved was the standard of care you received.
If you want to know if “you have a good case”, we will give you some basis information about your possible claim, at no charge and no obligation to you.
If you are looking for a lawyer to handle your medical malpractice case, our firm handles cases throughout West Virginia, and surrounding states on a “no recovery — no fee” basis.
Law Firm Profile
Jack Tolliver, M.D., J.D.Arden J. Curry
Arden J. Curry, II
James M. Sturgeon, Jr.
Thomas H. Vanderford, IV
David K. Schwirian
Susan Curry Brasselle
Elizabeth Ashley Summitt
Cindy Sloan, R.N.
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* This medical malpractice website is intended to provide general information to consumers and lawyers about West Virginia medical malpractice issues. It is not intended to be a substitute for obtaining legal advice from a qualified lawyer about your specific situation.