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Do I have a right to my medical records?

Absolutely.  In most cases under both Virginia and federal law a patient has a right to access his or her medical records.  The hospital can not hold your medical records hostage because you are contemplating filing a medical malpractice lawsuit.  Under Virginia law, a hospital or doctor's office must provide you with copies of your medical records within 15 days of receiving a proper request.  If the doctor or hospital fails to produce your medical records within 15 days, your attorney may issue a subpoena for your records.  Nursing homes are required to make the records available for review within 24 hours and to provide you with copies within 48 hours.

What happens if the nursing home, doctor or hospital ignores the subpoena? 

Your attorney may file a motion with the court to obtain the records, attorneys fees, and other sanctions.  Click here to read a Court Order I obtained against a podiatrist for failing to produce his patient's medical records.

If your health care provider is refusing to let you access your medical records, please call us at (804) 288-1661 or click here to email us to see if we can help.