Withholding medical information from a patient who has a legal right to access it is not only unjustifiable but also fraught with peril. Such actions can result in significant delays in treatment, misdiagnoses, and even dire consequences, including the risk of death. Imagine the implications of a healthcare system that prioritizes secrecy over patient safety.
In the vibrant state of California, the stakes are even higher.
Health care facilities and licensed professionals may face substantial civil penalties for failing to provide medical records. These penalties are not one-size-fits-all; they vary dramatically based on the nature of the violation and the specific circumstances surrounding it. In a world where transparency is key, the consequences of withholding information can be both severe and far-reaching.
Civil penalties for health care facilities
Up to $1,000 per day for each day that documents are not provided after 30 days
Up to $10,000 total penalty
Civil penalties for licensees
Up to $1,000 per day for each day that documents are not provided after the date required by a court order
Penalties for violating patient medical information
Up to $5,000 for the first offense
Up to $25,000 for the second offense
Up to $250,000 for each subsequent offense
Disgorgement of any proceeds
Factors considered when assessing penalties
Good faith attempts to comply
Nature of the misconduct
Any harm done
Number of violations
Persistence of misconduct
Willfulness of the misconduct
The Medical Board of California can also take action against physicians who fail to provide records within the legal time limit.
Patients can sue for violations and recover nominal damages without proving actual harm or loss.
At the Patient Advocate of the Sierras, we can help you obtain medical records if you are having problems. Reach out to us today, if you feel a lack of access to your medical history is creating blocks to proper treatment.
Let's talk and see if we can help you!
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