When medical care goes wrong

Sources

Where the legal facts on this page come from

1. 45 C.F.R. § 164.524 (access of individuals to protected health information)“(a)(1) … an individual has a right of access to inspect and obtain a copy of protected health information about the individual in a designated record set … (b) … (1) … The covered entity may require individuals to make requests for access in writing, provided that it informs individuals of such a requirement. (2) Timely action by the covered entity. (i) Except as provided in paragraph (b)(2)(ii) of this section, the covered entity must act on a request for access no later than 30 days after receipt of the request … (ii) If the covered entity is unable to take an action … within the time required … the covered entity may extend the time for such actions by no more than 30 days, provided that: (A) The covered entity, within the time limit set by paragraph (b)(2)(i) of this section, as applicable, provides the individual with a written statement of the reasons for the delay and the date by which the covered entity will complete its action on the request; and (B) The covered entity may have only one such extension of time for action on a request for access. (c) … (2) … (ii) … if the protected health information that is the subject of a request for access is maintained in one or more designated record sets electronically and if the individual requests an electronic copy of such information, the covered entity must provide the individual with access to the protected health information in the electronic form and format requested by the individual, if it is readily producible in such form and format; or, if not, in a readable electronic form and format as agreed to by the covered entity and the individual. (3) … (ii) If an individual's request for access directs the covered entity to transmit the copy of protected health information directly to another person designated by the individual, the covered entity must provide the copy to the person designated by the individual. The individual's request must be in writing, signed by the individual, and clearly identify the designated person and where to send the copy of protected health information. (4) Fees. If the individual requests a copy of the protected health information or agrees to a summary or explanation of such information, the covered entity may impose a reasonable, cost-based fee, provided that the fee includes only the cost of: (i) Labor for copying … (ii) Supplies for creating the paper copy or electronic media if the individual requests that the electronic copy be provided on portable media; (iii) Postage … and (iv) Preparing an explanation or summary … (d) … (1) Making other information accessible. The covered entity must, to the extent possible, give the individual access to any other protected health information requested, after excluding the protected health information as to which the covered entity has a ground to deny access. (2) Denial. The covered entity must provide a timely, written denial to the individual … The denial must be in plain language and contain: (i) The basis for the denial; … (iii) A description of how the individual may complain to the covered entity … or to the Secretary pursuant to the procedures in § 160.306.”Electronic Code of Federal Regulations (eCFR), current as of 1 Oct 2026 · read 7 Nov 2026Read the source: 45 C.F.R. § 164.524 (access of individuals to protected health information)
2. Tex. Civ. Prac. & Rem. Code § 74.051 (notice)“(a) Any person or his authorized agent asserting a health care liability claim shall give written notice of such claim by certified mail, return receipt requested, to each physician or health care provider against whom such claim is being made at least 60 days before the filing of a suit in any court of this state based upon a health care liability claim. The notice must be accompanied by the authorization form for release of protected health information as required under Section 74.052. … (c) Notice given as provided in this chapter shall toll the applicable statute of limitations to and including a period of 75 days following the giving of the notice, and this tolling shall apply to all parties and potential parties.”Texas Legislature, Texas Constitution and Statutes · read 7 Nov 2026Read the source: Tex. Civ. Prac. & Rem. Code § 74.051 (notice)
3. Tex. Civ. Prac. & Rem. Code § 74.351 (expert report)“(a) In a health care liability claim, a claimant shall, not later than the 120th day after the date each defendant's original answer is filed or a later date required under Section 74.353, serve on that party or the party's attorney one or more expert reports, with a curriculum vitae of each expert listed in the report for each physician or health care provider against whom a liability claim is asserted. The date for serving the report may be extended by written agreement of the affected parties. … (b) If, as to a defendant physician or health care provider, an expert report has not been served within the period specified by Subsection (a), the court, on the motion of the affected physician or health care provider, shall, subject to Subsection (c), enter an order that: (1) awards to the affected physician or health care provider reasonable attorney's fees and costs of court … and (2) dismisses the claim with respect to the physician or health care provider, with prejudice to the refiling of the claim. (c) … the court may grant one 30-day extension to the claimant in order to cure the deficiency.”Texas Legislature, Texas Constitution and Statutes · read 7 Nov 2026Read the source: Tex. Civ. Prac. & Rem. Code § 74.351 (expert report)

This is general information, not legal advice.