Is it my right to get provider-to-provider communications and records upon lack of informed consent?

Asked in Cleveland, OH on January 19, 2026 Last answered on February 10, 2026

My issue concerns violations of informed consent, documentation fraud by a psychiatrist and referral doctor, and potential destruction of evidence by a hospital. I was not informed of the purpose of the psychiatry appointment by either the referring doctor or the psychiatrist, nor was I given consent for the tests he did for his hypothesis of autism. All of which was accessing old records from a different program that caused me harm. I did not know such documents existed, and I cannot obtain the entirety of these files from the old hospital.

I discovered documentation fraud: The psychiatrist had removed important disclosures that obviously went against his ambushed autism screening and lack of care that caused me re-traumatization. Now, I lack the specific care that I don't have access to. During an active investigation, medical records denied me access to provider communications despite a HIPAA request. I want to obtain all communications and old hospital files. I believe the current hospital will permanently destroy audit trails and I am involved in a "circle referral" regarding this issue, which I suspect they will spoil evidence. What can I do?

2 answers

Jeffrey M. Heller
Answered by:

Jeffrey M. Heller

Cleveland, OH
Nurenberg Paris Heller & McCarthy Co., L.P.A. 216-586-5912
Virtual Appointments
Free Consultation
Answer

I am very sorry you have experienced this. You have a right to your PHI (protected health information), which includes access to your electronic medical record. Whether the doctor violated consent procedure is very fact specific and would require a detailed consultation. Also, whether you are entitled to the audit trail is a legal question that a Judge would have to determine. It is important to consult with a lawyer who specializes in this area to determine whether you have a claim or not. Either way, I hope your situation improves and you are able to obtain satisfaction.

February 10, 2026
Eric W. Henry
Answered by:

Eric W. Henry

Chagrin Falls, OH
The Eric Henry Law Firm 440-973-9506
Answer

You have a legal right to anything contained in your personal medical record. Providers are legally required to maintain audit systems that are capable of identifying alterations or deletions to your medical record. If you believe your rights under HIPAA have been violated, I would recommend filing a complaint with the Department of Health and Human Services Civil Rights office, which can assess significant fines against non-compliant providers. 

January 20, 2026

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