05-02-2018, 12:39 PM
(05-02-2018, 12:23 PM)Duchess Wrote: Way different in all your states than it is here. I'm entitled to copies of everything but not the originals. It's like that at the vet office as well.
No, I think you were right in the first place Duchess. The original records are the property of the doctor. The patient has a right to view the original records and obtain a complete copy of them.
That's my understanding now, after reviewing the law (which is federal, not state-specific).
Within the health information management industry, there is often great confusion as to who actually has ownership over an original copy of a medical record: the physician or the patient? The physician is creating the records; however, he or she is creating them based on the happenings of a patient, so the question remains... who actually owns the original medical record?
Most would guess the patient takes ownership; however, this is not entirely the case. The physical medical record actually belongs to the physician who created it and the facility in which the record was created.
The information gathered within the original medical record is owned by the patient. This is why patients are allowed a COPY of their medical record, but not the original document.
Every healthcare facility is required by law to maintain the original medical record of patient that receives care and must safeguard it from loss, damage, alteration, and unauthorized use. The original medical record is considered a legal document and may not be removed from the facility's premises without a court order.
Ref: https://medicopy.net/who-we-are/blog/who...cal-record
So, maybe Dr. Bornstein does have a case against Trump and company if they did not have a court order. However, given he signed/certified the original and ludicrous 2015 presidential fitness letter which Trump reportedly actually wrote himself, I'm not sure Bornstein isn't in some trouble himself.