medical records: Re: Soup line rant

[Guest guest]

> In a message dated 4/10/2004 2:20:38 PM Eastern Daylight Time,

> laxity@e... writes:

> ....they can't refuse you the records or CHARGE you....

> I have been charged many times!! Just a week ago because they have

an

> independent company do their records. Is that a law that they

really can't charge you?

> Hmmm.

>

It depends on your state.

In many states, a patient has no legal right to see the records

about him contained in his doctor's files. In these states, medical

records are considered the property of the doctor, not the patient.

In our state (CA) the records belong to the patient. They have a max

rate -- usually 25c per copy. Copies of films may be handled

differently.

You also may (again in CA) be entitled to a free copy of records if

you were denied public assistance. Or are applying for SSD.

Some doctor's offices will make a few copies for free -- but mine,

anything over 10 pages they have an outside service come in. This is

why I try to grab reports as they come in -- it usually only a few

pages and I can get them for free.

Also, (again in our state), doctors can refuse to release records if

they decide that knowing what is in them can harm you. However they

cannot refuse to release your records to your doctor of choice -- so

if you have a new doctor who is more relaxed, you can circumvent the

restrictions.

Finally, you can always file a complaint with your state medical

board if the doctor fails to cooperate.

As always, you should check with a lawyer or a disability assistance

group – this is just info I pulled off the Internet and may not be

accurate.

C Kamuchey

San , CA

[Guest guest]

In a message dated 4/12/2004 5:19:46 PM Eastern Standard Time, ctk@...

writes:

Yes, as written by others, you are entitled to a copy of your records, though

it may well be different from state to state. I'm in NJ & I've never

personally been refused a copy of my own records, no matter what state they were

in,

though I do have a bit of an advantage, knowing how to " word " my request (see

why later). Though, they do have the right to charge you. And, especially

when there's a lot of papers, yes they do have an outside company that comes in

and does the copying & do charge a fee, per page.

________

BUT, I did work in a malpractice law firm as a nurse paralegal for almost 7

years & I would guess, during that time (of course though, I was doing the

requesting from a law office), I would hazard a guess, that I requested records

from almost every state in the country, perhaps at least 35-40 of them,

including one's out of the country & I was never refused a copy, (though

sometimes it

was more of a challenge then others).

___________

I did however sometimes, especially with doctor's office records, recommend

to the client that they either ask the Doc's secretary, really sweetly, for a

copy or have them ask another doctor to request the records for them. Often

they will do it for another doctor as a courtesy. As far as the doctor saying

that you can't have them, because what's in them might harm you, that's really

interesting info. And I'm surprised to hear that & I'd love to know the

circumstances under which that happens & where, just out of curiosity. Though as

said, it is different from state to state.

________

The only type of situation that I've ever heard of something like that, is

for instance, let's say you request an HIV test. They would normally require

that you be given the results directly from the doctor's mouth, face to face,

but I don't see why you couldn't or shouldn't be able to have them afterwards.

And then the only other time I ran in to challenges were when I requested

psych records, in which case it usually just came down to getting additional

signed releases. But again, with an attorney, I've never, ever heard of an

attorney being denied a record & if so, there's a handy thing called a subpoena

& if

they don't turn over the records then, they could find themselves sitting in a

tiny little room with bars on the door, if you catch my drift. But, somehow

they always seem to come up with them, before that stage..............

________

I've even had doctors tell me that records were destroyed in a flood or a

fire, in which case I requested original copies & affidavits from their

insurance

companies or anything else in that department, proving that such a thing

occurred & that records were indeed stored there & which particular year's

records

were stored in those areas. You learn a lot of " ins & outs, " working as a

paralegal. You more or less become a detective.

________

And then it also become an art to read the records to see if a page was

missing, or was rewritten, or a word added or if it was copied in such a way

that

even part of a word was " accidentally cut off " in the copying process. That's

when you either get good at it yourself or get handwriting experts or get a

judge's order to view the original. Oh, I've got more " tricks " up my sleeves

then you can imagine. You can even tell if something was written/added later,

even from a copy, because maybe the Dr. first wrote it on the counter in the

exam room & added something, leaning on the blotter on his/her desk, even if it

was with the same pen, 2 years later!

________

Darn, do I miss working!!!! I could have done it as a hobby & believe me,

you've never read a better mystery novel, then reading through someone's medical

records, particularly if the records were tampered with. The " story "

changes, every time you turn the page. I surely don't mean to make light of it,

but

it's very sad, but true. You'd be shocked, just how many records are altered.

And the sad part is that many health professionals, nurses included, will

make a slight change, even though they really didn't have to & that's what

starts them down the road to BIG trouble. When, not if, but when caught, it

destroys their credibility. A nurse can legally write in something like " late

entry " , but it's got to " fit in " and in the right place.

________

And, all of this is one reason to get records before you have a lawyer or ask

for them yourself first, even if you've already started with a lawyer.

Because you can believe any Doc with more than one brain cell, has his/her own

lawyer look at the records BEFORE copying them & sending them to another lawyer.

And, if they don't and they do have even a bit something to hide, even if they

don't think you'll find it, they really aren't too bright.

Sorry, but you really got me started on a " pet peeve " of mine.

Take care,

Luv Ya,

________

> In a message dated 4/10/2004 2:20:38 PM Eastern Daylight Time,

> laxity@e... writes:

> ....they can't refuse you the records or CHARGE you....

> I have been charged many times!! Just a week ago because they have an

independent company do their records. Is that a law that they really can't

charge

you?

> Hmmm.

>

It depends on your state.

In many states, a patient has no legal right to see the records about him

contained in his doctor's files. In these states, medical

records are considered the property of the doctor, not the patient.

In our state (CA) the records belong to the patient. They have a max

rate -- usually 25c per copy. Copies of films may be handled

differently.

You also may (again in CA) be entitled to a free copy of records if

you were denied public assistance. Or are applying for SSD.

Some doctor's offices will make a few copies for free -- but mine,

anything over 10 pages they have an outside service come in. This is

why I try to grab reports as they come in -- it usually only a few

pages and I can get them for free.

Also, (again in our state), doctors can refuse to release records if

they decide that knowing what is in them can harm you. However they

cannot refuse to release your records to your doctor of choice -- so

if you have a new doctor who is more relaxed, you can circumvent the

restrictions.

Finally, you can always file a complaint with your state medical

board if the doctor fails to cooperate.

As always, you should check with a lawyer or a disability assistance

group – this is just info I pulled off the Internet and may not be

accurate.

C Kamuchey

San , CA