Consider requesting patient records and related documents in writing through applicable access procedures. Some internal quality-control, personnel, or business records may require preservation requests, discovery, or other legal procedures rather than a routine patient request. A lawyer can help identify the appropriate process.

The suggestions in this section are non-exhaustive and informational, not directives or legal advice for your situation. Consult a lawyer to develop an appropriate plan. Before any medical or specimen-handling decision, coordinate with your treating doctor and seek immediate medical advice; do not delay urgent care. For each item, request records and explanations in writing, retain original communications, and seek written confirmation of calls. Keep all lawfully obtained documents organized chronologically in electronic form and as hard copies; preserve original audio and digital files as well.

How to send the request

The suggestions in this section are non-exhaustive and informational, not directives or legal advice for your situation. Consult a lawyer to develop an appropriate plan. Before any medical or specimen-handling decision, coordinate with your treating doctor and seek immediate medical advice; do not delay urgent care. For each item, request records and explanations in writing, retain original communications, and seek written confirmation of calls. Keep all lawfully obtained documents organized chronologically in electronic form and as hard copies; preserve original audio and digital files as well.

Consider asking counsel to help prepare a written request specifying the records sought, the relevant dates, and a suitable delivery method. Keep the request and response. Some internal, third-party, or privileged records may not be available through a routine patient request; counsel can assess lawful ways to seek them. Review any proposed authorization with counsel if it also releases claims, changes dispute-resolution terms, or imposes new obligations.

From the fertility clinic

The suggestions in this section are non-exhaustive and informational, not directives or legal advice for your situation. Consult a lawyer to develop an appropriate plan. Before any medical or specimen-handling decision, coordinate with your treating doctor and seek immediate medical advice; do not delay urgent care. For each item, request records and explanations in writing, retain original communications, and seek written confirmation of calls. Keep all lawfully obtained documents organized chronologically in electronic form and as hard copies; preserve original audio and digital files as well.

  • Consider retaining written copies of complete medical chart, including intake, consults, and physician notes.
  • Consider retaining written copies of every consent form you signed, with dates.
  • Consider retaining written copies of stimulation protocol records: medications, doses, monitoring ultrasounds, and estradiol results.
  • Consider retaining written copies of retrieval procedure notes and anesthesia records.
  • Consider retaining written copies of all patient portal messages and secure messages, both directions.
  • Consider retaining written copies of billing records and itemized invoices.
  • Consider retaining written copies of marketing materials, package or program agreements, and any success-rate information provided to you.
  • Consider retaining written copies of any incident report, adverse event report, or internal review relating to your care.
  • Consider retaining written copies of the clinic’s ownership and corporate entity name, and its arbitration agreement if any.

From the embryology and andrology laboratory

The suggestions in this section are non-exhaustive and informational, not directives or legal advice for your situation. Consult a lawyer to develop an appropriate plan. Before any medical or specimen-handling decision, coordinate with your treating doctor and seek immediate medical advice; do not delay urgent care. For each item, request records and explanations in writing, retain original communications, and seek written confirmation of calls. Keep all lawfully obtained documents organized chronologically in electronic form and as hard copies; preserve original audio and digital files as well.

  • Consider retaining written copies of fertilization records and daily embryo development notes.
  • Consider retaining written copies of embryo grading records and photographs or time-lapse images.
  • Consider retaining written copies of embryo and gamete identification records: labels, straw or dish identifiers, and color codes.
  • Consider retaining written copies of witnessing logs (manual double-witness signatures or electronic witnessing records) for every step.
  • Consider retaining written copies of andrology records: sperm collection, processing, identification, and which sample was used for fertilization.
  • Consider retaining written copies of biopsy records for genetic testing, including which embryologist performed each.
  • Consider retaining written copies of chain-of-custody and shipping records to any outside laboratory.
  • Consider retaining written copies of lab director identity and CLIA certificate number.
  • Written staffing and case-load records for the relevant dates, if lawfully available; discuss with counsel whether these must be sought through litigation rather than a routine records request.

From the cryostorage facility

The suggestions in this section are non-exhaustive and informational, not directives or legal advice for your situation. Consult a lawyer to develop an appropriate plan. Before any medical or specimen-handling decision, coordinate with your treating doctor and seek immediate medical advice; do not delay urgent care. For each item, request records and explanations in writing, retain original communications, and seek written confirmation of calls. Keep all lawfully obtained documents organized chronologically in electronic form and as hard copies; preserve original audio and digital files as well.

  • Consider retaining written copies of the storage agreement and every amendment.
  • Consider retaining written copies of cryo inventory records: tank, canister, and cane locations, and straw identifiers.
  • Consider retaining written copies of every storage fee invoice and every notice sent to you, with the method and date of delivery.
  • Consider retaining written copies of disposition directives on file, with dates and signatures.
  • Consider retaining written copies of tank temperature and liquid nitrogen fill logs for the relevant period.
  • Consider retaining written copies of alarm records, including any alarm events, acknowledgments, and response times.
  • Consider retaining written copies of tank maintenance, inspection, and vacuum records.
  • Consider retaining written copies of any incident report relating to the tank or facility.
  • Consider retaining written copies of transport and transfer records if material was moved, including the shipper and dry-shipper validation.
  • Consider retaining written copies of disposal records if any material was discarded, with the authorization relied on.

From the genetics laboratory (PGT-A, PGT-M)

The suggestions in this section are non-exhaustive and informational, not directives or legal advice for your situation. Consult a lawyer to develop an appropriate plan. Before any medical or specimen-handling decision, coordinate with your treating doctor and seek immediate medical advice; do not delay urgent care. For each item, request records and explanations in writing, retain original communications, and seek written confirmation of calls. Keep all lawfully obtained documents organized chronologically in electronic form and as hard copies; preserve original audio and digital files as well.

  • Consider retaining written copies of the full report in its original form, including raw data or plots where available.
  • Consider retaining written copies of the laboratory’s reporting criteria and mosaicism thresholds in effect on your report date.
  • Consider retaining written copies of sample receipt, identification, and chain-of-custody records.
  • Consider retaining written copies of any re-analysis or amended reports.
  • Consider retaining written copies of correspondence with the clinic about your samples.

From the sperm bank or egg donor agency

The suggestions in this section are non-exhaustive and informational, not directives or legal advice for your situation. Consult a lawyer to develop an appropriate plan. Before any medical or specimen-handling decision, coordinate with your treating doctor and seek immediate medical advice; do not delay urgent care. For each item, request records and explanations in writing, retain original communications, and seek written confirmation of calls. Keep all lawfully obtained documents organized chronologically in electronic form and as hard copies; preserve original audio and digital files as well.

  • Consider retaining written copies of the donor profile exactly as presented to you, with the date.
  • Written donor screening, testing, and medical-history records that the bank may lawfully provide; ask counsel to assess any privacy restrictions or need for a formal legal process.
  • Consider retaining written copies of purchase records, vial identifiers, and shipping records.
  • Consider retaining written copies of the contract or terms of sale.
  • Consider retaining written copies of any notice the bank sent about the donor, with the date.
  • Consider retaining written copies of the bank’s records of offspring reported for the donor.

From your insurer or benefit administrator

The suggestions in this section are non-exhaustive and informational, not directives or legal advice for your situation. Consult a lawyer to develop an appropriate plan. Before any medical or specimen-handling decision, coordinate with your treating doctor and seek immediate medical advice; do not delay urgent care. For each item, request records and explanations in writing, retain original communications, and seek written confirmation of calls. Keep all lawfully obtained documents organized chronologically in electronic form and as hard copies; preserve original audio and digital files as well.

  • Consider retaining written copies of the denial letter with the specific plan provision relied on.
  • Consider retaining written copies of the Summary Plan Description and the full plan document.
  • Consider retaining written copies of the claims and appeals procedures.
  • Consider retaining written copies of the clinical criteria or internal guidelines used to deny.
  • Consider retaining written copies of the complete claim file.

From your employer (employment matters)

Only download, copy, forward, or remove materials from an employer’s email accounts, devices, or systems if you are lawfully authorized and doing so complies with all applicable laws, employer policies, confidentiality obligations, and access restrictions. Do not access someone else’s account, bypass restrictions, or take information you are not entitled to possess. If uncertain, consult a lawyer before acting; counsel can evaluate a lawful records request or other appropriate process.

The suggestions in this section are non-exhaustive and informational, not directives or legal advice for your situation. Consult a lawyer to develop an appropriate plan. Before any medical or specimen-handling decision, coordinate with your treating doctor and seek immediate medical advice; do not delay urgent care. For each item, request records and explanations in writing, retain original communications, and seek written confirmation of calls. Keep all lawfully obtained documents organized chronologically in electronic form and as hard copies; preserve original audio and digital files as well.

  • Your personnel-file records obtained through a lawful, authorized request; a right to request specified records does not authorize unrestricted access to employer systems.
  • Consider retaining written copies of payroll records.
  • Consider retaining written copies of performance reviews and any written discipline.
  • Consider retaining written copies of the employee handbook and accommodation and leave policies.
  • Consider retaining written copies of any written communications about your treatment, leave, or accommodation.

Your own records

The suggestions in this section are non-exhaustive and informational, not directives or legal advice for your situation. Consult a lawyer to develop an appropriate plan. Before any medical or specimen-handling decision, coordinate with your treating doctor and seek immediate medical advice; do not delay urgent care. For each item, request records and explanations in writing, retain original communications, and seek written confirmation of calls. Keep all lawfully obtained documents organized chronologically in electronic form and as hard copies; preserve original audio and digital files as well.

  • Your own messages, emails, letters, and voicemails that you are lawfully entitled to retain, with original files and dated written summaries of calls. Use an authorized export or records-request process; do not bypass access controls.
  • Consider retaining written copies of your own dated notes of conversations.
  • Existing relevant photographs, lawfully obtained, with dates and written descriptions.
  • Consider retaining written copies of screenshots of the clinic’s website and of archived versions from the Internet Archive.
  • Consider retaining written copies of bank and credit card statements showing payments.

What to do with the records

The suggestions in this section are non-exhaustive and informational, not directives or legal advice for your situation. Consult a lawyer to develop an appropriate plan. Before any medical or specimen-handling decision, coordinate with your treating doctor and seek immediate medical advice; do not delay urgent care. For each item, request records and explanations in writing, retain original communications, and seek written confirmation of calls. Keep all lawfully obtained documents organized chronologically in electronic form and as hard copies; preserve original audio and digital files as well.

Keep the originals and use copies for review. Ask the firm how to provide sensitive records securely after initial screening; the public consultation form is for a brief description, not medical-record uploads. Keep digital and hard copies of all documents. Keep them organized and in chronological order.

Print this page for a copy of the checklist. Read: What to do in the first 72 hours.

Talk to a lawyer

Melmed Law Group is a plaintiff-side litigation firm with more than 15 attorneys handling hundreds of active matters. We do not represent clinics, laboratories, or insurers. The initial consultation is by phone. If a second consultation is needed, we conduct it by Zoom videoconference. In-person meetings are always available at the client’s request.

Melmed Law Group reviews fertility records at no cost. Call 888-751-4293 or request a free consultation.

Related reading: California IVF Malpractice and Embryo Loss Lawyers | What to Do in the First 72 Hours After a Fertility Clinic Failure | Hiring an IVF Lawyer: What It Costs, What the First Call Involves, and What Happens Next

Sources: California Labor Code section 1198.5 (personnel file access) | California Code of Civil Procedure section 340.5

Attorney advertising. General information, not legal advice. Prior results do not guarantee a similar outcome.