West Memphis, AR asked in Health Care Law, Medical Malpractice, Personal Injury and Civil Rights for Tennessee

Q: Is it negligence or malpractice when a health provider refuses to give you medical care

I went to see a healthcare provider for back and knee pain. He gave me Motrin and sent me on my way without asking questions or taking any tests. A couple weeks later I went back fro extreme pain and swelling in my legs and feet to the point my feet were turning blue. Provider said it was a childhood injury (I told him it had just began to happen) and there was nothing he could-or would- do about it and told me to leave. I was also refused any HIPAA documents so I can get my records released and copied. I was told they do not release records unless it's to an attorney or is court ordered because of their "policies". When I asked to see these policies and HIPAA policies they refused saying they were confidential.

1 Lawyer Answer
Peter N. Munsing
Peter N. Munsing
  • Medical Malpractice Lawyer
  • Wyomissing, PA

A: It isn't required that they treat you. . Did you ask them for pain medication? Doctors these days are twitchy about people who ask for pain medication. k

However, the ACA and medical records act require they provide you with your records. If they have an attitude, if they are part of a larger organization--a hopital network for instance--the records will be electronically kept & they have to give you a copy. If you say you don't want paper, you want it on a disc, they can only charge you for the disc.

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