My medical records are wrong
You have the right to correct (fix) or amend (add to) your medical records so they are accurate and complete. You may fix any medical records you have a right to examine and copy. This tells you how. #5932EN
Contents
Frequently Asked Questions (FAQ)
You have the right to correct or add to (amend) your medical records so they are accurate and complete.
You can fix any medical records you have a right to examine and copy.
- Read Reviewing and Getting Copies of Your Medical Records to learn more about how to look at your records.
You must ask the health care provider for the correction or amendment in writing. The health care provider then has ten days to decide whether to grant your request.
If your health care provider agrees your medical records are wrong, they must include the fix or addition in your record. The record must clearly show what the provider has added and/or fixed.
Within ten days of your request to correct or amend, the health care provider must tell you that you have the right to add a "Statement of Disagreement" to your health care record.
A "Statement of Disagreement" should have both of these:
- A short statement of the correction or amendment you asked for and
- Why you believe they should fix or add to your health care record.
After you have filed your statement of disagreement, there must be a note in your health record at the challenged entry showing both of these:
- You think the entry is wrong.
- Where in your health care record your statement correcting it is.
Talk to a lawyer. You can get a court order forcing your health care provider to let you fix or add to your health care records. You may also collect actual damages for the provider's past refusal to let you fix and/or add to your record.
If you win, you may also get back attorney's fees and your costs to file the lawsuit.
If you have a good case, a lawyer may represent you without a fee based on the expectation of getting fees from the provider's lawyer. Many lawyers will meet with you for free to evaluate your case.
To find one, call your local bar association's lawyer referral service, if available.
That state law is in the Revised Code of Washington (RCW) at chapter 70.02.
Most public libraries and county courthouse libraries have copies of the Revised Code of Washington that you may read and copy. If you go to a library to read the RCW, ask the librarian which shelves have the RCW volumes.
Get Legal Help
Visit Northwest Justice Project to find out how to get legal help.