By Alexander T. Lewis of Duff & Kronfeld, P.C. posted in About the Law on Friday, January 26, 2018.
Clients often contact us because one of their child’s medical providers has refused to provide them with copies of their child’s medical records because they do not have primary custody of the child. Medical providers often refuse to release medical records to a divorced parent who does not have primary custody of the child if the other parent objects. However, this is improper and directly contrary to the non-custodial parent’s rights.
Virginia Code § 20-124.6 explicitly provides that “neither parent, regardless of whether such parent has custody, shall be denied access to academic or health records of that parent’s minor child unless otherwise ordered by the court for good cause shown….” This means that, absent a court order denying the parent access to his or her child’s medical records, the medical provider is required to produce the requested records.
The only exception to this requirement is if the child’s treating physician explicitly states in writing in the child’s medical records that “in the exercise of his professional judgment, the furnishing to or review by the requesting parent of such health records would be reasonably likely to cause substantial harm to the minor or another person.” If the treating physician should make such a statement in your child’s medical records and deny you access, you should seek an experienced attorney to discuss your options.
If you have any questions or would like to discuss your legal matter with an attorney, please contact Duff & Kronfeld, P.C. for a complementary, 30-minute consultation at (703) 591-7475.