Medical Malpractice Blackballed medical records

[spocter722]

Hello;

In general, is it against the law or at least unethical for a Doctor to blackball your medical records being transferred to a new Doctor? I know I left out all the particulars,but I submitted all that a couple of days ago and something happened so it didn't get posted. If this gets posted and anyone would like any further info,please just say so. Thank You Very Much

 

[army judge]

Hello;

In general, is it against the law or at least unethical for a Doctor to blackball your medical records being transferred to a new Doctor? I know I left out all the particulars,but I submitted all that a couple of days ago and something happened so it didn't get posted. If this gets posted and anyone would like any further info,please just say so. Thank You Very Much

No, a physician can not refuse to send your medical records to another physician, hospital, or medical practitioner for any reason. You have an absolute right to be given copies of your medical records, with some exceptions, as noted below!

The link will take you to a pamphlet detailing your rights, as regards medical services in NY.

http://ihcrp.georgetown.edu/privacy/stateguides/ny/ny.pdf


Q. Who can request medical records?

A. An individual can request his or her own medical records. The law also permits access by other "qualified persons." This includes parents or guardians when they approved the care or when it was provided on an emergency basis. Attorneys representing patients may also request records, as can a committee appointed to represent the needs of an incompetent patient.

Q. How do I request the records?

A. A request for medical records must be made in writing to either the individual physician or the health care facility. The request should indicate that a qualified person is making the request and should be as precise as possible. The request should identify the provider from whom the information is requested and describe the information being sought. If the records are to be sent to a third party, such as another physician, provide the name and address of that individual. Requests must be signed. A practitioner or institution may request that the signature be notarized.

Q. How long will it take to see my records?

A. Once your request is received, a physician or health care facility has 10 days to provide you with an opportunity to inspect your records. The law does not provide a specific time period by which copies of medical records must be provided. However, the state Health Department considers 10 to 14 days to be a reasonable time in which a practitioner should respond to such a request.

Q. If I want copies of my records, do I have to pay for them?

The law allows physicians and institutions to charge no more than 75 cents a page, plus postage, for paper copies of medical records. Physicians may charge the actual reproduction costs for radiographic materials, such as X-rays or MRI films. A provider may not impose a charge for original mammogram films, but may charge postage. However, an individual cannot be denied access to information solely because he or she is unable to pay.

Q. Can a physician or institution charge a search and retrieval fee for getting my records?

A. No.

Q. Can a physician refuse to let me see my records if I haven't paid my medical bill?

A. No.

Q. What information can I see?

A. All information concerning or relating to your examination or treatment must be available for your review.

Q. Are there any parts of my medical record to which my physician can deny me access

A. Yes. A physician can deny you access to the following:

* Personal notes and observations.

* Information disclosed to the practitioner under the condition that it would be kept confidential.

* Information that the practitioner believes should not be disclosed regarding the treatment of a minor. A patient over age 12 may be advised of a records request and, if he or she objects, the provider may deny the request.

* Information the physician believes may cause substantial harm to the patient or others.

* Information obtained from other physicians who are still in practice. That information should be requested directly from those practitioners.

* Substance abuse program records and clinical records of facilities licensed or operated by the Office of Mental Health. Mental Hygiene Law provides a separate process for release of these records.

Q. What are personal notes and observations

A. The law defines personal notes and observations as "a practitioner's speculations, impressions (other than a tentative or actual diagnosis) and reminders..."

Q. Can I appeal a denial

A. Yes. If access to any or all of your records is denied, you may appeal. When a physician denies you access, he or she must provide you with a form explaining the appeals process.

Q. How does the appeals process work

A. A written appeal must be filed with the New York State Health Department. A provider has 10 days to provide copies of the records and an explanation for the denial to the chair of the state Medical Records Access Review Committee. Within 90 days, the committee reviews the records, provides the physician and the individual requesting the records an opportunity to be heard, and issues a written decision. If the committee finds that the records should be made available, the practitioner must comply. If the appeal is denied, the individual can seek disclosure through the courts. However, if the committee decides that parts of the record are personal notes, the decision is final and cannot be reviewed in court.

Q. What happens if a physician still refuses to provide my records, even after I win an appeal

A. Under state law, failure to provide medical records requested by a qualified individual is misconduct. A physician who fails to comply can be subject to disciplinary action by the New York State Health Department.

Q. How do I get more information

A. If you would like information regarding records held by physicians, health care facilities and other health professionals:
Write to
Access to Patient Information Coordinator
Office of Professional Medical Conduct
433 River Street, Suite 303
Troy, New York 12180-2299
Call
For additional information or assistance, call

* 1-800-663-6114

If you would like information regarding records held by hospitals, direct your initial inquiry to the hospital. For additional information or assistance, call:

* 1-800-804-5447


http://www.health.state.ny.us/publications/1443/

 

[spocter722]

army judge;

Thank you so much for you fast and accurate reply. I think I may have to give you some particulars as I may need more info on the "personal notes and observations" part.
I am a 56 yr old male that was injured at work by falling from a piece of construction equipment about 15 years ago. I have 3 blown out discs in my lower back along with major hip and leg pain due to artery blockages. I also have high blood pressure,high cholesterol,etc.I also had quadruple by-pass 2 years ago.I had an excellent relationship with my previous Doctor for over 10 years until last year. Every 3 months I would need to have my prescriptions refilled.Every 6 months I had to go in for blood tests,etc. So happens on the day I called for my prescription refills, my Doctor was on vacation for 5 days. A few months prior to that, apparently my Doctor got affiliated with another Doctor and the new doctor became her boss.(How that works, I don't know)Anyway when my wife went to get the prescriptions, they were all wrong.When she questioned them, she was told that the new Doctor has switched everything.The new Doctor(that has never seen me)prescribed pain medication that I had tried a year earlier and did not work. She also prescribed the incorrect blood pressure medicine.I then called my Cardiologist and they told me not to take it and go to them to get 5 days worth until my Doctor got back which I did.
Five days later, with no pain medication,my Doctor returned and my wife called and told her what was going on.My Doctor said that there was nothing she could do about it as the other Doctor was now her boss.With my wife on the phone,I kinda had a fit in the background which I would think the Doctor would have understood being the other Doctor stopped my meds cold turkey after being on them for quite a long while. The doctor then said I needed to find another Doctor and hung up.
That same day , we looked in the phone book to find another Doctor and proceeded to have my file transferred. On the first appointment to the second Doctor, He was Terrible. Arrogant,demanding, telling me I WAS going to have back surgery,and alike. I told him I was NOT going to have back surgery because I know of three different cases that did nothing for the person and made it worse for two of them. My mother had it done and was no better. My friends mother had it done and made hers inoperable in the future with no good results, and my wife's friend had it done and the Doctor knicked her spinal cord and now she is in a wheel chair. That was just recently. Anyway, he then starts holding the meds over my head saying if I do not get surgery,he will not give me meds. I had decided this doctor was not for me.
We then found another doctor, and on that first visit,lo-and-behold,treated me like crap for no reason.
I believe the two prior Doctors have written bad things about me,when in reality, it really wasn't my fault.It seems that is is not right for a doctor to give an opinion of a person they do not even know especially when a Medical record should be just that, Medical,not opinionated,unless for a diagnosis.
So, I have tried to give some background on my situation and apologize for the length,but just trying to explain the problem. It seems that prior Doctors opinions are hindering what could be a non-bias medical evaluation in future Doctors assessments.You would think that anyone knows there are two sides to every story.
Is there anything that can be done to rectify this? Also, I understand that it could cost 75 cents /sheet to obtain your records,but didn't you already pay for that paper work when you paid the Doctors bill. I am sure they do nothing for free. AND, if you do not want that Doctor any longer, why would you not be given the original file? These are just questions I have,and again, I apologize for the length,but wanted you to know what was going on. Maybe someone else has had this problem and your answers will answer their question too.

Thank You So Much Again.....

 

[irish223]

According to the link in the previous reply, doctors must retain their patient records for 6 years after the patient's last visit. So, the records do belong to the doctor.

The fees you paid covered your treatment. In order to provide copies of your medical records, the physician must pay for the copies themselves. Even if the records are copied in the office, someone is being paid to make the copies. It's not unreasonable to charge the patient for the service.

As far as the other doctors' reactions, it's possible that they aren't willing to continue long term pain medication without exploring other options for relief, rather than responding to negative things said by your former doctor. Many doctors have been investigated by the DEA for prescribing narcotics, and it seems to be a big concern in the profession. I'm not saying that this is what happened in your case, just that it's a possibility.

 

[army judge]

Spocter722, you have no proof that anything exists in your records, other than medical notes.

Sure, the map to Osama bin Laden's cave COULD be in there, but we have no proof.

Besides, educated people like physicians aren't going to leave a trail of crumbs like Hansel & Gretel!

You didn't ask, but you seem like a nice guy, so I'm gonna point out that what you're doing is illegal.

This is what caused Rush Limbaugh to plead to a felony conviction, "forum shopping".

You can't hop from physician to physician to obtain controlled substances.

Anyway, be careful and get well.

I had all seven of my cervical vertebrae resected and fused in '06.

It worked for me.

My son had four of his cervical vertebrae done in '08.

He's fully recovered.

There are great spinal surgeons out there.

There are happy endings, and the pain diminishes.

I'm glad I did it.

I worried about the horror stories, too.

In the end, it worked for me.

I hope you get the help you need.

I don't see you getting anything other than medical records, your records.




Sent from my iPhone using Tapatalk

 

[spocter722]

irish223;

Thank you very much for your reply. I really appreciate it.

Doctor owning records....I understand and agree

Doctor making copies......I understand and agree

Doctors being cited by DEA...I understand and agree

What I don't understand is why the first Doctor prescribed it in the first place. It was not like I requested it or even knew of its existence. The last Doctor I saw, I told him I didn't want to take that stuff any longer. It is addicting and really isn't doing all that much any longer.Reply was "that's all there is". Then he proceeded to give me refills.Makes no sense to me. When I told the Cardiologist what the first doctor did,she said "It's rare to find something that actually works,and when you do,your lucky". Personally I hate taking pills day after day. Might be a good time to stop seeing doctors and try a herbalist or something.Thank you again for your input. It is much appreciated.

 

[spocter722]

army judge;

Thank you again for your reply. However not quite following you. I don't know what forum shopping even means. As for going from doctor to doctor for drugs couldn't be farther from the truth.I am just looking for a doctor that I can have the same relationship with as the first. Not arrogant, Not mean,or anything like that. I told the last doctor I didn't want that stuff any more.I am sure many back surgeries do turn out well,but would have a hard time convincing my wife's girl friend of that. Its always 1 in 1000 or 1 in a million,but there's always that 1.Could it be you or I? Who knows,but I'm not willing to take that chance. All's I know is I had some questions and was looking for answers. I know you are just being honest, but so am I. It is just strange that when I meet a new doctor and say hello,all of a sudden there's an attitude and there must be a reason. I never asked for any of this stuff,but I do know you should never stop any medication all at once. Again, I thank you very much for taking the time to reply,but a pill junky I'm not.