State Justices Fault Ruling on Medical Records Fees

Jun 16, 2017

Two justices on West Virginia's highest court have published strongly worded dissents criticizing the Supreme Court majority for dismissing medical malpractice lawyers' lawsuit claiming they paid too much for their client's medical records.

Credit Supreme Court of Appeals of West Virginia

HealthPort Technologies on behalf of Charleston Area Medical Center charged them $4,463 or 55 cents per page copied, plus sales tax and shipping.

Justice Menis Ketchum wrote last month the lawyers lacked legal standing to bring the claim. Justices Beth Walker and Allen Loughry agreed.

In a dissent published Thursday, Justice Margaret Workman writes that state code prohibiting excessive charges for health care records authorizes enforcement by the patient, "authorized agent or authorized representative."

She says the case "continues the majority march against consumer rights."

Justice Robin Jean Davis writes the majority was procedurally and legally wrong.