Asked in Health Care Law for South Carolina

Q: How long does the doctor have to release your records to you after written authorization has been given

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1 Lawyer Answer

A: The answer can vary depending on what you mean by "doctor". The rule can differentiate between a doctor in private practice, a hospital, a medical clinic or other provider that are often lumped together as "doctor". The general rule is that they have a reasonable time. Reasonable can depend on the circumstances. During the pandemic "reasonable" meant a longer time than it did before the pandemic. A particular doctor's office could have staff out with COVID and thus have a little longer time than one that has a full staff. My personal rule of thumb is about 30 days. Most providers have contracted with an outside company to handle copying medical records and most of the time you will have to pay the costs of that copying. So although I have having to say that the time can vary, it is the best answer possible.

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