Man says Logan General violated state code

By Kyla Asbury | Jun 8, 2015

LOGAN – A man is suing Logan General Hospital in a class action lawsuit after he claims it violated state code when producing copies of medical records.

Robert Fender, on behalf of himself and others, requested copies of his medical records from the defendant after June 6, 2014, which the defendant failed to furnish him, according to a complaint filed May 22 in Logan Circuit Court.

Fender claims West Virginia code mandates that healthcare providers furnish a copy of the patient's medical records when requested by the patient and West Virginia code sets forth the maximum reimbursement that a medical provider may seek from its patient.

In December, Fender was a patient of the defendant and on March 25, he requested medical records through his attorney. The defendant responded with a request via e-mail and a link that payment of $468.75 would be required before the defendant would provide copies of the medical records, according to the suit.

Fender claims the defendant demanded 75 cents per page to produce the medical records, plus a $10 search/retrieval fee and a $20 itemized statement.

The defendant did not produce any paper documents to Fender or his attorney and instead, produced an e-mail with a link to a PDF file that contained the medical records, according to the suit.

Fender claims the defendant violated West Virginia code.

Fender is seeking compensatory damages with pre- and post-judgment interest. He is being represented by Steven S. Wolfe of Wolfe Law Offices and D. Adrian Hoosier II of the Hoosier Law Firm.

Logan Circuit Court case number: 15-C-147

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