Am I entitled to my own medical records?

QI have been in a car crash and my lawyer sent an approved form to the doctor to get my medical records. It seems to be taking quite long and the lawyer has expressed frustration about what he sees as unreasonable delays. I am entitled to my medical records, aren't I?

ACalifornia Health & Safety Code Section 123110 provides that any adult — or a minor patient authorized by law to consent to their own treatment — or the patient's legal representative (which may include a parent, guardian, conservator or attorney) has a right to access their clinic records. The records are to be made available during regular business hours within five working days after the request is received. If the patient seeks a copy of all or part of the records, copies must be provided within 15 days after receipt of the request. The provider may recover up to 25 cents per page for the cost of copying, as well as the reasonable cost of locating the records and making them available.

QI have a serious dispute with a surgeon who prepared a record that is incomplete and inaccurate. Am I able to add the true facts to the record?

AAs I read California Health & Safety Code Section 123111, you have the right after inspecting the treatment record to addend to it upon finding a mistake or error. You are allowed to include an addendum of up to 250 words with regard to any item or statement in the record that you believe is incomplete or incorrect. The addendum must indicate clearly in writing that the patient wants it to be made a part of their record.

Now, I do not know if the doctor (or hospital, whoever's record it is) will seek to prevent the addendum, or be difficult to deal with; if so, consultation with counsel is advisable. I also encourage you to read Section 123111 in its entirety to best understand it in all respects.

Health plan issues

This is a useful online link if you have a problem getting the health care services you need. It is from the California Office of the Patient Advocate: opa.ca.gov/filingcomplaints.

Ron Sokol has been a practicing attorney for over 40 years, and has also served many times as a judge pro tem, mediator, and arbitrator. It is important to keep in mind that this column presents a summary of the law, and is not to be treated or considered legal advice, let alone a substitute for actual consultation with a qualified professional.