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When Can You Not Get Medical Records?

In some circumstances, a person may not be able to get a copy of their medical records from a healthcare provider because of certain privacy laws that contain a variety of exceptions to record retrieval rights. These exceptions are meant to provide protection for patients, children, and the privacy of legal actions. However, they can also prove a substantial obstacle for a medical malpractice lawsuit.

If you’ve been injured because of a doctor’s negligence, you may be entitled to pursue financial compensation for your injuries. At Lowenthal & Abrams, P.C., we understand that this process can be both frightening and confusing. That’s why we’re here to help. For more information about your options, contact our Philadelphia medical malpractice attorneys today by calling 215-238-1130.

Some Exceptions to Records Retrieval Rights

Medical records retrieval can prove more complicated than gathering other documents for a lawsuit. That is due, in large part, to the fact that these records are very carefully protected by the law. Doctor-patient confidentiality may occasionally override a patient’s own right to their personal information.

As a result of certain privacy laws, the following restrictions are placed on medical records retrieval:

  • Parents may be blocked from retrieving a child’s records if established as confidential
  • Parents may be blocked by the court if a child’s medical treatment was mandated
  • Patients cannot retrieve information that doctors deem is dangerous for the patient
  • Patients cannot usually retrieve information that contains psychotherapy notes
  • Patients cannot retrieve information linked to another lawsuit

If a person faces these problems getting to their records, they may need to consult with a legal advisor about their other options.

Contact Us

If were injured by a physician’s mistakes and errors, you may be entitled to pursue financial compensation. To learn more about your rights and options under the law, contact the Philadelphia medical malpractice lawyers of Lowenthal & Abrams, P.C., today at 215-238-1130.