When you are gathering evidence, knowing how to get medical records for a malpractice claim is a critical step to ensuring success with your case. These medical records are the backbone of the claim, showing proof of your injuries and ongoing medical needs.
Most injured patients haven’t been through this process before, and it can feel overwhelming or confusing to figure out how to get copies of the right records. If you are in this situation, rest assured knowing that our legal team is here to help every step of the way. We understand the best strategies for winning medical malpractice claims, and we’ll ensure that you have the right documentation and evidence to support your compensation.
Why Medical Records Are the Foundation of Every Malpractice Claim
It’s essential that we have all of the medical records to establish the standard of care and how the provider deviated from it. Then, we can use this information to prove that the injury occurred as a result of the provider’s actions.
The more information we gather, the better. We need solid evidence to help with negotiations and establish liability. Some of the records that we typically use for medical malpractice claims include:
- Progress notes
- Nursing notes
- Medication administration records
- Labs
- Imaging
- Discharge summaries
- Itemized billing
Texas Medical Records Request Law: Who Is Legally Allowed to Request the Records?
Under HIPAA’s right of access, patients have the legal right to request copies of their own medical records. Additionally, other people may request these medical records on the patient’s behalf, including:
- Someone working under a medical or durable power of attorney.
- Parents, managing conservators, and court-appointed guardians (when the patient is a minor).
- If the patient is deceased, then a personal representative will usually need Letters Testamentary.
- Attorneys can request records as a third party when they have a valid and specific authorization.
How to Request Medical Records in Texas: The Step-by-Step Process
Follow these steps when you need to request your medical records:
- Put together a list of all medical providers that were involved, as well as the exact records and date ranges that you need.
- Contact the provider’s office to get the request or authorization form. Or, you can submit a written HIPAA request.
- Make sure that your request and authorization are complete and fully compliant because if anything is missing, then it could delay your access to the medical records.
- Submit the request through the provider’s preferred method. Keep proof of the request through a portal receipt or certified mail.
- Mark your calendar for the 15-business-day deadline, which starts from the date that the medical provider received your request.
- If you want to speed up the timeline and reduce costs, then it’s often easier to request electronic delivery.
- When the records arrive, review everything to ensure that these records are complete. Never assume that you have the whole file without verifying its contents.
How Much Time Does a Texas Provider Have to Provide Your Records?
In the state of Texas, the general requirement is that medical providers have 15 business days to send the requested records. This timeline is also backed by a 30-day requirement through federal HIPAA regulations.
Also, providers are legally required to keep medical records for at least 7 years for adult patients and longer for minors. So, you still have the option to request older medical records when needed.
Cost of Medical Records in Texas (2026 Fee Caps)
As of this writing, the cost of medical records in Texas is as follows:
- Physician paper-copy fees are capped at $25 for the first 20 pages. After that, you can expect to pay $0.50 per page.
- Electronic fees are capped at $25 for records up to 500 pages. Or if the record exceeds that, then the cap is $50.
- Other add-ons might need to be paid, such as affidavit fees ($15) and imaging study fees ($8).
- A separate $6.50 “reasonable cost” flat fee might be charged when requesting your own records.
- Hospital fees follow a different HHSC schedule, with retrieval fees up to $111.94 plus tiered per-page costs.
Can a Doctor Refuse to Release Medical Records?
No matter the circumstances, medical providers cannot refuse to release medical records. Even if a patient owes money for the medical services, they still have the right to request a copy of their records.
There is a very narrow set of rules that might allow a denial of medical records, usually relating to anticipated clinical harm or certain records for psychotherapy and mental health. If your request is denied, then you should receive a written denial within 15 days, and you have a right to review the decision.
Escalation options are available if needed, including filing a complaint with the Texas Medical Board. Or, you can file a complaint through the HIPAA HHS Office for Civil Rights. If the medical provider is still unwilling to comply with the request, then you might move forward with an attorney-issued subpoena.
FAQs
How much does it cost to get my medical records in Texas in 2026?
It depends on where you are requesting the records and how many pages are included in the record. Physician fees are capped at $25 for the first 20 pages plus $0.50 per additional page. Different fee ranges are used for electronic delivery and hospital records.
Can a doctor refuse to release medical records?
Generally, a doctor is always required to provide medical records when a request is filed. An unpaid bill is not a valid legal reason for a provider to withhold your medical records.
How do I get medical records for a deceased relative in Texas?
If your loved one is deceased, then a personal representative of the person’s estate will need Letters Testamentary so that they can request records on behalf of the deceased patient.
Personal Legal Services from a Texas Medical Malpractice Lawyer
Have you or a loved one been injured by medical malpractice? Then it’s essential that you have a legal advocate to help you navigate your claim. Our team at Wormington & Bollinger is here to help you gather the necessary medical records, build a claim, and negotiate so that you receive a fair settlement.
We have a long history of success working with clients who have been hurt by medical malpractice or other types of personal injury. For more information about available legal services, contact us at Wormington & Bollinger for a free consultation.