What Are Your Rights if a Medical Practice Loses Your X-Rays

[ranie]

Thank you everyone for the replies! It's a "smaller" doctors office so I'm not sure if they are digital or actual prints. I see my doctor on the 17th so I'll see if maybe he has them! Thanks again

[Mr. Knowitall]

Anyway today 10/8/18 I called to request a copy of my X-rays for my personal files and was transfered to Xray who said they had no record of me getting X-rays, then to medical records who said my xrays were "canceled" so they had no records of x-rays.

You do have the legal right to see your medical record and obtain copies (subject to a possible copying charge). But that doesn't appear to be in dispute. The records "aren't yours" in the sense that they belong to the medical practice, but you still have rights to review and obtain copies (and you would own the copies.)

What appears to have happened is that due to a bureaucratic mistake or loss of data, the practice cannot locate your X-rays. While it may be possible to commence a legal action demanding their production, the law only requires that doctors produce what is in their records, not what should be in their records, and the practice cannot be ordered to produce records that it does not have or that do not exist. There may be grounds for a licensing complaint against the practice.

It may also turn out that your records exist elsewhere. For example, if your surgery occurred in a separate facility (e.g., a hospital where your doctor has admission privileges) it may turn out that the hospital has a copy of your X-ray in its own records from the procedure.

It's a "smaller" doctors office so I'm not sure if they are digital or actual prints.

If your husband saw your X-ray on a computer screen, it's digital. If he saw what looks like a giant, old-style photo negative, then it was a print. Most practices are now digital, but you will occasionally see practices (esp. small, rural practices) that still use film.

[Mercy&Grace]

Why can't you use a copy of the radiology report ? If the xray is not digital. You can see the x-ray. But I doubt they will give you the only film they have. If they do and it is damaged or lost. There are no copies.

[ranie]

Why can't you use a copy of the radiology report ? If the xray is not digital. You can see the x-ray. But I doubt they will give you the only film they have. If they do and it is damaged or lost. There are no copies.

I never wanted the ORIGINAL, i just wanted a copy

If your husband saw your X-ray on a computer screen, it's digital. If he saw what looks like a giant, old-style photo negative, then it was a print. Most practices are now digital, but you will occasionally see practices (esp. small, rural practices) that still use film.

My husband said it was a print xray not digital

[Mercy&Grace]

A copy of the radiology report is different than a copy of the X-ray. You should have no problem getting a copy of the report. As long as you pay for it. If the X-ray is not digital. That will be a problem. Patients do not own their medical records. If they did they would not have to sign release forms giving permission for others to obtain copies.