Sometimes we need our medical records for various confidential reasons. Other times, we need it for our personal injury case. The difficulty maybe obtaining the medical record from a medical provider. The medical provider may have many reasons for doing so, they are overwhelmed, they are too busy, they are backed up, they are out of business, or you have not paid your medical bill! There are plenty of reasons but none are valid. You need your medical records and you are legally entitled to your medical records. Whatever reason you are given, it is invalid under the law and your personal injury attorney should be able to help. Your personal injury attorney must know the ins and out of the law, especially, if it relates to personal injury. The code below allows your attorney to get those medical records and bills so he/she can continue to prosecute your personal injury case. At The Law Firm of R. Sam, we hear this all the time from medical providers, but we need those records and bills to help bring your case to a prompt resolution.
Evidence Code § 1158 states the following: That upon presentation by an attorney of an authorization signed by the patient, a doctor or other health care provider shall make all of the patient’s records under his, hers, or its custody or control available for inspection or copying by the attorney at law or his or her representative, promptly upon the presentation of the written authorization […] Failure to make the records available, during business hours, within five days after the presentation of the written authorization, may subject the person or entity having custody or control of the records to liability for all reasonable expenses, including attorney fees, incurred in any proceeding to enforce this section. Call The Law Firm of R. Sam for details regarding people who withhold medical records.
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