Medical Record Problem

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Sandy Graham

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Colorado
Hello:

I have a basic question. I saw a nurse practitioner twice at a clinic and decided to change to a specialist. I saw her on only two occasions, and it was enough to know I had to switch to a seasoned specialist because of medication errors, billing errors, and generally a bad fit. I have magnificent health insurance (ppo) for which I am grateful.

I have requested my records and she became upset I was leaving. I kept the FAX for proof that the clinic received everything. Then quite out of the blue, I received a letter from her stating that I was no longer welcome as a patient. She did this after I had gracefully terminated with her.

I am going to send one more medical records request via certified mail. I only received a flu shot from her and a shingles vaccination on the same visit, and medication refills for lowering cholesterol and controlling thyroid levels. On the second visit, it was simply a wellness check and I had some blood work done for cholesterol and thyroid.

The weird thing, is that she started asking personal questions about what religion I was ... at a routine physical. She also asked personal questions about my family that I found completely irrelevant, as they were in no way medical history questions related to inherited disease or care. My spouse is a record's specialist. We are baffled by her and the clinic as well. I have long relationships with several other doctors here who have known and treated me without difficulty for nearly a decade. I have been denied access to my medical records. I have waited two months at this point. I need these records for medical continuity and checked off the box, self for the reason, and I have been ignored when I called to inquire.

If this were a psych record I was requesting, I would be able to understand, but since this was routine medical, and she was not a doctor, it makes no sense. It seemed to truly upset her when I gently told her I did not feel comfortable telling anyone my religious beliefs.

I found another doctor straightaway who I genuinely like who is now prescribing my meds for cholesterol. I found a new doctor after this nurse literally refused to fill my cholesterol meds, as well as my thyroid meds. Walgreens FAXED her six times for refills! The thing is: I want my medical records from her even though I am not going back.

I have read terrible reviews from several other patients regarding this clinic generally, and I agree it is unorthodox and not up to the standard I expect from professionals. Can someone advise how I can attain my medical records? Something just does not make sense here. My spouse says I should just take the proof of requests to the State Medical Board -- as simple as that, and I will get them. I am a Bostonian, so I am uncertain of the laws here.

This is not the first time I have sought out a different doctor. I was taught to always get a second opinion no matter what. But, each time I requested a medical record for myself solely, I was never denied copies. Many thanks in advance for any advice. Take care.

I have requested copies to be sent directly to myself. I requested records from my cardiologist for myself and had them in less than two weeks, other specialists also.
 
Agree with cbg. The new doctor will most likely want to review them anyway.
 
Yep, the new doctor should request these. Alternately, it isn't clear who you asked for copies but the practitioner herself would not be involved. It would be an office manager or someone from the records office if it is a large practice.

If you didn't want to discuss religion, you do not have to but there can be good reasons for this to be known and it is in no way illegal.
 
A person can simply refuse, without explanation, to see anyone but an MD or DO. I never see anything but a physician. I only allow interns or residents to observe, never treat. Good luck, OP.
 
I offered you a suggestion of a way to solve the problem. You don't have to like the idea or to follow it, but that's no reason to insult the volunteers who are trying to help you.
 
I have requested copies to be sent directly to myself. I requested records from my cardiologist for myself and had them in less than two weeks, other specialists also. I have always done this with no problems. The other Dr. could care less about the records. In the records release forms it asks if you want the copies sent to you - you check off a box. We think this nurse just may have violated HIPAA. It is my legal right to have my own copies of the two visits. Spouse is paralegal and works in corporate law, but also does personal injury.

Also, religion ? I happen to have the right to see who I want for any reason or none at all. With my insurance, I need absolutely no referrals and have even flown back to Boston for a few major surgeries. I have only used the State Medical Board out here in Stubbville once, and it was disastrous for the practitioner. I was trying to spare her that.

Are there any seasoned medical individuals or even paralegals on this board ... or is it just opinion and speculation?

Yes, there are lawyers and judges (I am both) that offer information.

We don't offer legal advice, as we don't allow our posters to develop an attorney-client relationship with our posters.

Beyond lawyers and judges, we have many experienced, knowledgeable people that offer insight, knowledge, and experience for our posters.

We impute, without asking directly, that all posters will comport themselves with civility.

It should go without comment that each of us should treat others as we wish to be treated.

To answer you question, you can (and apparently have) request any medical practitioner to forward you a copy of your medical records.

Sometimes a small fee will be charged before the records are sent to the requester.

Occasionally, the practitioner IGNORES the request.

That seems to be your situation, Sandy.

If you dislike the response you have several choices, most of which I am sure you know.

However, I'll list them to assist you.
1) You can always sue anyone for anything. If that's your solution, off to court you will eventually go.

2) You can complain to your insurance company. Some insurance companies will attempt to mediate such disputes.

3) You can ask another medical practitioner to request your records, and receive copies of same after that person receives same.

4) You can file a complaint with your state's medical licensing agency.

Bottom line, despite any potential penalties, some people choose to ignore requests from other people. I've had that happen to me many times. In some cases, a letter asking again, does the trick.

In other cases, depending upon my level of annoyance, I can escalate the matter as described above. The older I get, the less annoyed I become with most things. I remind myself, that many things that agitate me are first world problems, as compared to many third world problems.

Some people aren't able to receive the barest medical treatment. Most of us in this country receive the best medical care available, and in a very timely manner. Once I acknowledge that, my level of annoyance diminishes, or disappears.

I wish you well, Sandy. I'm sure you'll get those records, one way or another without a court battle. Until you do, however, the folks in Stubbville have you standing in the street shaking your fist because they've chosen to ignore you. I'm sure you get ignored many times a day.



TRANSLATION: You're the not the BIGSHOT you pretend to be, supported by Batboy, your alter-ego posting from the City & County of Denver IP.

Why?

Because, BIGSHOTS have legions of lawyers on retainer to cater to their every whim.

BIGSHOTS don't TROLL the internet seeking FREE advice.

BIGSHOTS shell out LOTS OF LUCRE, because they're BIGSHOTS and got it going on like that.

 
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