California health care providers have a duty to release patient medical records within 15 days of written request, California Health & Safety Code Section 123105. Failure to do so subjects health care provider to a fine. However, where release of medical records is conditioned upon patient paying outstanding medical bill, health care provider shall be subject to license suspension or revocation, California Health & Safety Code Section 123110 (i).
Pending Law Suit: Patient requested medical records on numerous occasions from health care provider. Records were requested so patient could have different medical provider determine why she was experiencing, recurring and severe abdominal pain during her pregnancy.
Medical provider purposefully refused to release patient's medical records for 8 months. Without her medical records patient was unable to seek appropriate medical advice regarding her severe abdominal pains. As a result, she suffered a uterine rupture, followed by fetal demise and had to have a total hysterectomy. Patient was only 24 years of age.
Had health care provider complied with California law, patient could have saved her child and her ability to have children later in life. She is now barren. |