Answer FileMedical Malpractice

How do I get my medical records in California?

The answer, cited

Ask in writing — the right is statutory. Health and Safety Code section 123110 entitles patients to inspect their records within five business days of a written request and to receive copies within 15 business days, at duplication cost. A provider cannot withhold records because the patient owes money for past medical services.

California gives patients a direct statutory right to their own charts. Under Health and Safety Code section 123110, an adult patient (or a personal representative) who submits a written request may inspect records within five business days and must receive copies within 15 business days, paying only the statutory copying charges; providers may not condition release on payment of an outstanding bill for services. The right covers the full record — office notes, hospital charts, test results, and imaging. Federal law (HIPAA) runs in parallel and lets patients route requests through its access rules as well. For anyone evaluating possible malpractice, complete records are the first step: the expert review and the 90-day notice of intent required by Code of Civil Procedure section 364 both depend on them, and the one-year discovery clock of section 340.5 does not wait. A provider who ignores a proper request can be reported to the Medical Board of California, which enforces the access statute.

Authority: Cal. Health & Saf. Code § 123110

Legal information, not legal advice.

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