Your Right to Copies of Your Medical Records in MD

If you are thinking about filing a medical malpractice suit (or if you need them for other purposes), you will need copies of your medical records. In Maryland, you do not need a subpoena in order to get these records—you have the right to them under Maryland law.

In order to get your medical records, you must make a written request. The request must state your name, the name of your health care provider, and the party who should receive your records. Most healthcare providers are required to maintain your medical bills, lab, and X-ray reports for five years. And the medical reports of a minor can’t be destroyed until the patient turns 21 or for five years after the report is made—whichever is later—unless a parent or guardian is notified. However, many health care providers will send you a notice saying they will be destroying your records to allow you the time to request a copy.

State law mandates you can’t be charged more than 69 cents a page for having your records copied (in addition to postage and handling). However, these limits don’t apply to X-rays. And, the per-page fee can be adjusted yearly for inflation. If the records are being sent to someone other than you, the law does allow an administrative fee of up to $21.

If you find any errors in your medical records, you can request to have them corrected. Request any changes or corrections in writing and keep photocopies. However, you may not have any information deleted from your medical records. For more information, visit the Maryland Attorney General’s Consumer Publications page.

If you were injured in a case of medical malpractice, talk to the experienced and compassionate malpractice attorneys in Baltimore at LeViness, Tolzman & Hamilton, P.A. today.