What this be?

[acampb80]

Can a medical office/doctor hold my children responsible for my (parent) disagreement, with the office staff? Are they legally able to state un-true statements in the child (ren)'s medical record?
My sons (2 of them) were scheduled for an appointment to get school physicals and renewed referrals for psychiatrist due to insurance purposes. The office had referred them 7 months earlier and insurance billing had expired. One of my son's electronic health records were no longer in system, how and why I still do not know. I was asked to fill out paper work and told them I would once his files were found and began asking how this could have happened? The receptionist didn't know and went to back.
While attempting to reschedule another worker came up front attacking and I told her I didn't want to talk about it and she was dismissed she didn't like it and told me to leave and not come back. The office has now refused to treat all 5 of my children but I've yet to get my letter of termination. Can they blame all children? Are they not responsible for losing an electronic health record of 2 years? How can they note the medical record that the children are this issue in the medical record if they never spoke with the child whom record was lost somehow?

 

[army judge]

Can a medical office/doctor hold my children responsible for my (parent) disagreement, with the office staff? Are they legally able to state un-true statements in the child (ren)'s medical record?

People, including physicians are under no legal duty to tell other people the truth, or answer any question, or answer said question truthfully.

The issue of TRUE or INACCURATE statements in the medical charts is one you are unable to argue, unless you are a physician with a degree (MD or DO)

My sons (2 of them) were scheduled for an appointment to get school physicals and renewed referrals for psychiatrist due to insurance purposes. The office had referred them 7 months earlier and insurance billing had expired. One of my son's electronic health records were no longer in system, how and why I still do not know. I was asked to fill out paper work and told them I would once his files were found and began asking how this could have happened?

They have no legal duty to answer YOUR questions about HOW they keep their business records or conduct their business affairs.

While attempting to reschedule another worker came up front attacking and I told her I didn't want to talk about it and she was dismissed she didn't like it and told me to leave and not come back. The office has now refused to treat all 5 of my children but I've yet to get my letter of termination. Can they blame all children? Are they not responsible for losing an electronic health record of 2 years?

They are under NO legal duty to treat you or any member of your family.

You are obviously no longer wanted on their premises.

I suggest you stay away from their offices, or you could subject yourself to an undesired contact with one of the local constabulary.

How can they note the medical record that the children are this issue in the medical record if they never spoke with the child whom record was lost somehow?

The physician is under no legal requirement to treat you or any member of your family.

 

[disagreeable]

You really showed them who was in charge. They showed you also. Enjoy your doctor search.

 

[ToniB]

A few things notable from Cali:

How long does a physician need to retain medical records?

There is no general law requiring a physician to maintain medical records for a specific period of time. However, there are situations or government health plans that require a provider/physician to maintain their records for a certain period of time. Several laws specify a three-year retention period: Welfare and Institutions Code section 14124.1 (which relates to Medi-Cal patients), Health and Safety Code section 1797.98(e) (for services reimbursed by Emergency Medical Services Fund), and Health and Safety Code section 11191 (when a physician prescribes, dispenses or administers a Schedule II controlled substance). The Knox-Keene Act requires that HMO medical records be maintained a minimum of two years to ensure that compliance with the act can be validated by the Department of Corporations. In Workers' Compensation Cases, qualified medical evaluators must maintain medical-legal reports for five years. Health and Safety Code section 123145 indicates that providers who are licensed under section 1205 as a medical clinic shall preserve the records for seven years. However, there is no general statute which relates to all other types of medical records.

People, including physicians are under no legal duty to tell other people the truth, or answer any question, or answer said question truthfully.
Dr.'s & other health care professionals do in fact have legal & moral duties to be truthful to all patients. Unless the truth would be detrimental to the person, the Dr has a responsibility to make a judgment on who & how that truth should be told.
The issue of TRUE or INACCURATE statements in the medical charts is one you are unable to argue, unless you are a physician with a degree (MD or DO)
[/B
In Calif. From the Medical board website- How can I correct an error in my records?

The patient can write an "Addendum" to be placed in his or her medical file. The original information will not be removed, but the new information, signed and dated by the patient, will be placed in the file. Health and Safety Code section 123111 states that an adult patient "shall have the right to provide to the health care provider a written addendum with respect to any item or statement in his or her records that the patient believes to be incomplete or incorrect. The addendum shall be limited to 250 words per alleged incomplete or incorrect item in the patient's record and shall clearly indicate in writing that the patient wishes the addendum to be made a part of his or her record. The health care provider shall attach the addendum to the patient's records and shall include that addendum whenever the health care provider makes a disclosure of the allegedly incomplete or incorrect portion of the patient's records to any third party."






They have no legal duty to answer YOUR questions about HOW they keep their business records or conduct their business affairs.


All physician's & their facilities are subject to legal requirements by the Board of Health, Business Codes, Medical Board & various rules & regulations to abide by. The Dr has a license which you can look up to see if any other problems were filed w/the authorities. Your local courthouse can show you any medical malpractice suits & such as well. If a Dr. or his personnel aren't willing to answer any questions, give you legally privileged information & most importantly, give fraudulent information or the withholding of such, contact your local Medical Board to start a complaint. With your situation being of a need for school requirements, that in itself gives them no right to treat you with disrespect, much less losing medical records w/no assistance to obtain copies legally required of them to give you within a time frame according to your State's laws. Good luck & never back down!










They are under NO legal duty to treat you or any member of your family.

You are obviously no longer wanted on their premises.

I suggest you stay away from their offices, or you could subject yourself to an undesired contact with one of the local constabulary.







The physician is under no legal requirement to treat you or any member of your family.

 

[Proserpina]

Toni, little of the information would actually help the OP.

 

[acampb80]

Thanks ToniB

How long does a physician need to retain medical records?

There is no general law requiring a physician to maintain medical records for a specific period of time. However, there are situations or government health plans that require a provider/physician to maintain their records for a certain period of time. Several laws specify a three-year retention period: Welfare and Institutions Code section 14124.1 (which relates to Medi-Cal patients), Health and Safety Code section 1797.98(e) (for services reimbursed by Emergency Medical Services Fund), and Health and Safety Code section 11191 (when a physician prescribes, dispenses or administers a Schedule II controlled substance). The Knox-Keene Act requires that HMO medical records be maintained a minimum of two years to ensure that compliance with the act can be validated by the Department of Corporations. In Workers' Compensation Cases, qualified medical evaluators must maintain medical-legal reports for five years. Health and Safety Code section 123145 indicates that providers who are licensed under section 1205 as a medical clinic shall preserve the records for seven years. However, there is no general statute which relates to all other types of medical records.

I would like to thank you for addressing my concerns as it comes to the medical record. The information was very informative. I didn't know the steps taken but I know of the importance of medical records and how they pertain to the World Health Organization when it comes to tracking and monitoring diseases and overall healthcare for not only this nation but the world. That is my main concern as well as for insurance guidelines I just didn't know where to look or address the issue.

 

[acampb80]

Yes, because I'm not confrontational I guess I'm not showing them how to act civilized I thought that was the norm in this country but I guess it's not. I thought showing and giving respect is what everyone is taught. And the new physician is great I just don't want him to judge me on someone else's thoughts. It wasn't hard at all, maybe I should've stated I switched back to a more organized office one I've used before. Finding a doctor isn't hard, finding one whom truly cares for their patients well-being and not the pay is the hard part.

 

[acampb80]

A medical record is a legal documentation which is to protect the doctor against a lawsuit so if he loses the record where is his protection then? As a medical record is needed when changing doctors, or should I say with the new healthcare laws as well. What can I or they provide to the other physician and as well as for medical insurance billing purposes I'm sure it's going to look like fraud because they're going to need my acknowledgement of dates and times unless they have a right to not only lie to patients but insurance companies as well. And from the research I don't think that's legal with the insurance billing policies. I knew I wasn't obligated to services just as I'm not obligated to one doctor. As I recall that wasn't even my concern, read a little closer. My concern is with the lost medical record and what they are putting in my children's record as well. Last I checked unless you're 18 years old you cannot be held legally responsible for anything rather legal or not and my children shouldn't be held responsible for their negligence.

 

[Proserpina]

A minor certainly can be held responsible.

(Have you never heard of delinquent kids going to jail?)

 

[army judge]

A medical record is a legal documentation which is to protect the doctor against a lawsuit so if he loses the record where is his protection then? As a medical record is needed when changing doctors, or should I say with the new healthcare laws as well. What can I or they provide to the other physician and as well as for medical insurance billing purposes I'm sure it's going to look like fraud because they're going to need my acknowledgement of dates and times unless they have a right to not only lie to patients but insurance companies as well. And from the research I don't think that's legal with the insurance billing policies. I knew I wasn't obligated to services just as I'm not obligated to one doctor. As I recall that wasn't even my concern, read a little closer. My concern is with the lost medical record and what they are putting in my children's record as well. Last I checked unless you're 18 years old you cannot be held legally responsible for anything rather legal or not and my children shouldn't be held responsible for their negligence.

Good luck.....Good Luck......Good luck.....Good Luck