Q: Are medical portal emails part of my medical records? Can they cut you off from access to them? Can I request copies?
I was harassed by a doctor, filed an complaint internally. An investigation was done and I was blocked from using the portal. I no longer have access to my portal emails to and from doctors and staff. Are these part of my medical record? Can I request copies of them? Is there a way to regain access to the portal? They did send me a hard copy of my medical records via Fedex. I am currently reporting them to The NYS Dept. of Health. Thank you.
A: Hard to say. Medical records maintained by a physician / hospital are oftentimes kept separate and apart from messages generated on the patient portal. And a medical records department might not even have access to them. That said, the messages contained within the patient portal would arguably be relevant to any claim for harassment and discoverable in an investigation. Unclear how you would be able to get copies of the messages outside of bringing a special proceeding (e.g., Order to Show Cause) compelling the doctor to provide them. In the meantime, you might want to send the doctor (or the employer) a letter directing it to preserve any messages on your patient portal.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
