Patient Rights: Why Access to Your Medical Records is Crucial

Scartelli Olszewski P.C.

The scary truth about medical malpractice you didn’t know affected you.

Medical malpractice is often seen as an event that happens few and far between until it happens to you. If you are trying to pursue a medical malpractice lawsuit, you may have some questions about an individual’s rights to their own medical records.

Understanding the Legal Landscape of Patient Rights

As of 2016, HIPPA, or the Health Insurance Portability and Accountability Act, ruled in favor of an article that gives each patient favorable rights.

The four most relevant aspects of the ruling (45 CFR 164.524) are that:

1. Records must be provided to the requester within 30 days and if there is a delay you must be notified.
2. There are no longer any fees for searching, storing, or retrieving your medical records.
3. If you request that your records be mailed to you, they must comply.
4. Doctors cannot ask why you want your records.

Now, these laws may seem that they are unnecessary, why wouldn’t you already be guaranteed this?  However, until this was enacted doctors and agencies had the right to make it very difficult to give a patient their records, even if their patient was pursuing a lawsuit.

Medical Malpractice Lawyers Fighting for Patient Rights

Melissa Scartelli of Scartelli Olszeswki P.C., whose firm won the largest medical malpractice verdict in Luzerne County, Pennsylvania, says that a patient’s right to receive their records cannot be understated. “Each person, whether or not they are currently pursuing a lawsuit, should be able to have or request an up-to-date version of their records with no hassle.”, said Ms. Scartelli.

Unfortunately, though many people don’t believe that malpractice will ever be a problem in their lives, the facts say otherwise. According to a study done in 2016 by Johns Hopkins University, medical malpractice is the third leading cause of death in America after heart disease and cancer. Over 250,00 people will die a year. According to CNBC, many believe that the number is much higher. That number does not include the number of injuries or prolonged hospitalization at the hands of negligent doctors.

This article will make it easier for you or a loved one who has been injured by a doctor or hospital to take full advantage of your rights. Ms. Scartelli and her dedicated team of attorneys are ready to fight for your rights. They are available for free, no-obligation consultations if you believe you have a medical malpractice or personal injury case at their office located in Scranton and Wilkes Barre.

Do not hesitate to reach out via phone at 570-681-2203 or using our online contact form: