Accessing your medical records is more than just paperwork—it’s an essential part of managing your health, verifying your care, or preparing for a potential legal case. Whether you’re switching providers, reviewing billing issues, or considering a medical malpractice or personal injury lawsuit, understanding your rights and the proper steps can save you time, money, and frustration.

In this guide, we’ll break down how to request your medical records in New York, what to do if you run into problems, and why fast access matters—especially in legal cases.

Why You Might Need Your Medical Records

There are many valid reasons for requesting access to your medical records, including:

• Managing your ongoing healthcare
• Seeking a second opinion or diagnosis
• Transferring to a new doctor or specialist
• Verifying information for insurance or billing disputes
• Collecting evidence for a medical malpractice or personal injury claim

In legal cases, medical records can serve as crucial evidence. They help document what treatment was received, when, and by whom, and may show patterns of negligence, error, or omission.

Step-by-Step: How to Get Your Medical Records in New York

1. Identify the Record Holder

Start by identifying where your records are kept. This might include:

• Hospitals or surgical centers
• Primary care physicians
• Specialists or private practices
• Imaging centers or labs
• Urgent care clinics

Tip: If you’ve seen multiple providers, you may need to contact each one individually.

2. Submit a Written Request

New York law, as well as federal HIPAA regulations, allows patients to request their own medical records. Most providers require a written and signed request.

Be sure to include:

• Your full name and date of birth
• The specific documents you need (e.g., test results, notes, imaging)
• The date range for the requested records
• Your contact information
• Where to send the records (your address, email, or to your attorney)

Pro Tip: Ask if the provider has a standard release form—they often do.

3. Know Your Rights Under HIPAA

Under the Health Insurance Portability and Accountability Act (HIPAA), you have the legal right to access your medical records. Providers must respond to your request within 30 days, and they are only allowed to extend this deadline once, by another 30 days, if they provide a reason in writing.

HIPAA also allows you to:

• Request your records in electronic or paper format
• Designate a third party (like an attorney) to receive your records
• Access your entire medical record, not just a summary

4. Understand the Cost

New York law permits providers to charge reasonable fees for copying records.

These may include:

• Per-page fees for paper records
• Charges for CDs, DVDs, or USB drives if you request digital copies
• Postage or delivery fees

Important: Providers cannot charge for retrieving, searching, or reviewing your records.

Special Considerations in Medical Malpractice Cases

If you’re considering or pursuing a medical malpractice lawsuit, accessing your complete and unaltered medical records is critical.

Here’s what you need to know:

• Request comprehensive documentation: This includes chart notes, lab results, imaging, discharge summaries, prescriptions, and billing records.
• Do not alter your records: Annotating or modifying documents could hurt your credibility or case.
• Let your attorney review the records: A lawyer can spot missing or manipulated information and issue subpoenas if needed.
• Act quickly: In New York, you typically have 2 years and 6 months from the date of malpractice to file a claim—so don’t delay.

Common Challenges—and How to Overcome Them

Even though it’s your legal right to access your records, roadblocks can happen. Here’s how to address common problems:

 Delayed Responses

If you haven’t received your records within 30 days, follow up with a written reminder. If there’s still no response, file a complaint with the New York State Department of Health or the U.S. Department of Health and Human Services.

 Incomplete Records

Review your records carefully once received. If something is missing—like lab results or post-operative notes—request those documents specifically. Sometimes providers store different parts of your records in separate systems.

 High Fees

If the cost of accessing your records seems unreasonable, ask for an itemized breakdown. You can also dispute excessive fees with the provider or consult an attorney for help.

Final Thoughts: Stay Proactive and Informed

Accessing your medical records is your right—and it’s often your best defense. Obtaining your medical records can empower you to make informed decisions about your healthcare and support your legal rights if pursuing a medical malpractice or personal injury claim. Whether you’re managing your health or investigating a potential case of medical malpractice or negligence, don’t wait to get started.

If you’re unsure of how to proceed, or your request is being ignored or denied, consulting a medical malpractice attorney can help ensure your records are obtained promptly and legally.