Health Law Question: Who owns a patient's original medical records . . . the doctor or the patient?

Question

For example, let's say a podiatrist takes an in-office x-ray and the patient requests the x-ray film to keep for her personal file. Does the podiatrist have to give the patient the original x-ray, or is the patient entitled only to a copy of the x-ray? Another example, let's say that same podiatrist writes hand written notes in the patient file. Can the patient demand the original handwritten notes, or is s/he entitled only to receive a copy of those handwritten notes? I am trying to determine who actually owns original medical records, x-rays, MRIs, diagnostic films, patient charts, etc. in the medical/health field. Is there a federal law that outlines an answer to this question? Is the answer state specific? Is the answer medical profession specific? Any legal citations are appreciated, as well as any responses from lawyers knowledgeable in this area of the law.

Answer 1

The Doctor.

The patient has, in 'most' cases, a legal right to see his own records, but not to have them. (Under some circumstances you don't even have the right to see them)

If you change doctors you have the legal right to require the old doctor to send a full copy of all your records to the new doctor - but he has the right to charge you a reasonable fee to make the copy.

Richard