Medical Malpractice Psychiatric and medical records repeatedly getting mixed- recourse?

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curtaincall33

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I don't see a place to put the location here- this is happening in WA state.

My problem started a few years ago. My then-psychiatrist was extremely loose with sharing my information; I chose not to take action on that. He wound up calling my GP and informing him of a damning psychiatric diagnosis he'd pinned to me. The GP then took it upon himself to update my record and include this as one of my diagnoses. All over the record. Everywhere I looked (I ordered the record), there was the diagnosis.

That diagnosis has been since ruled out. However, as a result of this, I felt a need to just lose this doctor and start over somewhere else. So far, no one has asked for his records, mostly because no one knows I ever saw him.

A few years later, after changing physicians, I stayed in a local psychiatric unit. They conducted numerous medical tests which did have troubling and valid results a GP should have.

The problem is that the hospital where this psych. unit was located has taken it upon themselves to fax my entire psychiatric record to anyone and everyone who asks, and then some. I have shown up at new providers offices with this record having arrived before me. The record has been faxed to doctors and clinics who shouldn't logically need it. I cannot figure out what is going on or how this is legal.

I have never once signed a release for any party involved in these two incidences (the first doctor and the psych. unit).

I am extremely concerned at this practice and am tired of getting rid of doctors to try to lose my psych. records from my medical records. In the instance of the psych. unit- as I said- they are faxing the entire record, not just the labs referring to the medical problem.

I have already incurred what I would call "damage" from the transference of these records, but so far, it is nothing I can't live with.

I reported this in detail to the OCR who essentially said the doctor and hospital are in the right here.

I am very concerned at who is going to wind up with the psych. unit records next. As I said, it is turning up in the most unusual places.

I am primarily wondering the following:

1) Can I do something to try to repair this damage, like sending a letter to the first doctor to refute the diagnosis, and demand that the letter go with my records if they are ever requested?

2) In the case of the hospital, is there anything I can do to at least control what portions of my record are being shared? The GPs do NOT need the psych. portions, as far as I'm concerned.

Finally, is there something illegal going on here?

Thank you.
 
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I got an answer; I don't see a way to delete this but I'm tired and can't see straight. Anyway, by law I have a right to attempt to restrict the hospital from sharing my record; I do this in writing. They may decide not to comply and that would be legal, but I'm going to inform them of my wishes anyway.
 
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