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Home  >  Articles  >  When Are Medical Records Off-Limits for a Patient?

When Are Medical Records Off-Limits for a Patient?

During medical malpractice lawsuits, there are some problems that can arise when a person needs to access their medical records to use for evidence. In certain situations, a doctor may not be able to give up a person’s records because of privacy laws that prevent the release of that information. Although medical record access is normally given to both patients and parents of child patients, it can become off-limits in some scenarios.

If you have been injured because of medical mistakes, you may be entitled to pursue compensation for your suffering. We understand that this situation can be difficult, but we are here to help. For more information regarding your options if you’re thinking about pursuing a medical malpractice lawsuit, contact a New Jersey accident lawyer of Levinson Axelrod, P.A., today at 800-346-5529.

Problems with Obtaining Medical Records

An injured person can encounter a variety of problems when they try to obtain medical records because of certain privacy laws. These laws can stop a person from getting their records in the following situations:

  • A child’s records if the parent has agreed to an established confidentiality agreement between the child and the doctor
  • A child’s records if medical treatment for that child was court-ordered
  • Records being used in other legal action
  • A patient’s psychological records in some situations
  • Records that, if released, could harm a patient

While these exceptions are rare, they still may prevent someone from getting the medical records they need for a medical malpractice case. However, a legal advisor may be able to help that patient find alternative evidence or work through these privacy laws.

Contact Us

If your injuries were caused by medical mistakes, we may be able to help you with your legal options. To discuss these options in more detail, contact a New Jersey injury lawyer of Levinson Axelrod, P.A., today at 800-346-5529.