Getting your own medical records, and why you should read them
Your medical records are the single most important evidence in your injury claim, and almost nobody reads their own. They should, because records contain errors, and errors found early are fixable.
Your right to them
California's Health and Safety Code gives patients the right to inspect and to receive copies of their own records. Providers must permit inspection within a short period of a written request, and must provide copies within a defined period after a written request accompanied by any permitted fee. Federal HIPAA rules run alongside and also entitle you to an electronic copy where records are held electronically.
Charges are capped by statute, and a provider may not withhold records because a bill is outstanding. That second point is worth knowing, because it is tried.
Request in writing, be specific about the date range and the type of records, and ask explicitly for imaging on disc as well as the radiology reports — the report is one doctor's reading of the images, and a second opinion needs the images themselves.
What to look for when you read them
- Is the mechanism right? "Patient was rear-ended at low speed" when you were struck head-on changes how every subsequent reader understands your injury.
- Are all your complaints listed? The shoulder you mentioned while the neck was being examined frequently does not make it into the note, and its absence is used to argue it came later.
- Is the history accurate? Copy-and-paste from a previous visit is common in electronic records, and an outdated line propagates through every subsequent note.
- Does the timeline match? Dates of onset matter enormously.
- Are there conclusions nobody told you about? People regularly discover a recommendation for a specialist referral or follow-up imaging they never knew existed.
Questions people ask
Can a provider refuse to give me my records because I owe them money?
No. California does not permit records to be withheld because a bill is outstanding, and fees for copies are capped by statute.
There is a mistake in my records. Can it be fixed?
You can request an amendment under both California law and HIPAA. If the provider declines, you have the right to add a statement of disagreement that becomes part of the record. Do it early — a wrong fact that has sat unchallenged for a year is harder to deal with.
Should I get the imaging discs or just the reports?
Both. The report is one radiologist's reading. If a finding is disputed or a second opinion is wanted, the actual images are needed, and discs are easier to obtain while you are still a current patient.
Related
Reviewed October 2026 by Simon Aziz Budhwani, Esq., the attorney responsible for this site. Legal statements here name the California code section they rely on, so you can check them rather than trust them. This is information about the law in general, not advice about your situation.
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