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Reviewing Records before Providing Them

By Richard J. Rymond to EMR/EHR


Reviewing Records before Providing Them

Join us for Part IV of our latest Healthcare Matters series, Patient Records Requests: What You Need to Know. In this installment, we ask attorney Richard J. Rymond of Reminger Co., LPA, to explain the importance of reviewing patient records prior to providing them. Mr. Rymond is the Dental Liability Practice Co-Chair at Reminger, and an assistant professor at the Case School of Dental Medicine. He is a frequent speaker on risk management programs for physicians, dentists and allied health professionals.

To see the full episode from the beginning, click here. Or, use the links below to watch each portion separately.

  1. The Right Response to a Records Request
  2. How to Respond to a Records Request from a Third Party
  3. Original Records or Copies: What to Provide
  4. Should You Review Records before Providing Them?
  5. Consulting with Colleagues on a Records Request
  6. Records Requests from Patients Who Owe for Services
  7. Paper Records versus Electronic Health Records
  8. The Number One Takeaway for Physicians on Records Requests
  9. Patient Records Requests: What You Need to Know


Mike Matray: Okay. Prior to turning over those records, should the physician review them prior to executing the request?

Richard Rymond: So my view is that they should. By the way, I should have perhaps mentioned it earlier. There may be a temptation on the part of the physician who receives the records to reach out to the person who’s requested the records or reach out to another healthcare provider who they know is involved in the patient’s care. They shouldn’t do that. They should however review the records to make sure they’re complete.

Sometimes records, for whatever reason, may contain things that don’t belong in the record, perhaps a note from another patient’s chart or some other patient identifying information simply because it was misfiled. Sometimes when there’s a request for records, it’s because the patient has experienced some sort of complication associated with their care. In those instances, the physician may have consulted with an attorney or may have consulted with their professional liability insurance carrier and there may be notes concerning those consultations in the chart. Those should not be produced. Those are privileged, and if they are inadvertently produced, that can actually result in a waiver of the privilege, which we never want to see. Again, when in doubt, talk to your attorney, talk to your insurance company.