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Dr. Bob is Robert Hsiung, MD,
bob@dr-bob.orgShown: posts 1 to 14 of 14. This is the beginning of the thread.
Posted by floatingbridge on September 3, 2011, at 19:56:49
CE, may I ask your advice about obtaining medical records that a doc is withholding?
I have contacted a patient advocacy group, and they say I have a legal right to my records.
I don't want trouble. I just want them to help heal from the relationship.
Thanks,
fb
Posted by Christ_empowered on September 3, 2011, at 20:21:38
In reply to CE, advice on obtaining med records, posted by floatingbridge on September 3, 2011, at 19:56:49
Dude, that's a tough one. Here's how I got mine (from a therapist, not a shrink): 1) ask nicely. D-bag treated me like an idiot, demanded payment for them and also said he didn't know where they were. 2) file a complaint with the medical board against another shrink. 3) as part of the investigation, have d-bag therapist given a subpoena 4) call again after several months, leave a message saying I "don't want any crap from you" and threaten legal and regulatory board action.
That's how I got them.
If you have an accommodating therapist, they might be able to get the records for you. Some will give you the records, some won't.
ALL shrinks and doctors have to respond to subpoenas for medical records. If you have the time, money, and inclination, get your own private counsel involved. I think you have to sign a release of information form or something to get the records. Get the records from the lawyer, read over them and see what you think.
The CCHR (Citizens Commission on Human Rights, www.cchr.org) filed a complaint on my behalf against an ex-shrink. They might be willing to help you get your records, although it seems that most of what they do is taking action against wayward docs, not so much helping out patients with basic stuff like this. Still, worth a shot, and if you're in a large urban area, your local CCHR might have the legal muscle to make it happen.
I'm so sorry. Its bad enough when you receive bad treatment (which you and your insurance company have to pay for, of course), but then to top it off by refusing to obey the law and give you your records--unbelievable. Actually, believable, since its happened to me and countless other patients/ex-patients/survivors.
Good luck to you.
Posted by floatingbridge on September 3, 2011, at 21:06:13
In reply to Re: CE, advice on obtaining med records, posted by Christ_empowered on September 3, 2011, at 20:21:38
Thanks CE. I was very civil and non-escalating. He simply said, no, I can't do that. Why? They are private and they are mine. (yes those words.)
But that isn't the law is it? Don't patients have right to access?
I will check out this organization.
Did your subpoena originate through private legal counsel?
This is just d*mn weird. Again, I ask, why do I have a mental health pedigree when the asylum has no walls?
This is very new territory for me :-/
Thanks CE.
Posted by Solstice on September 3, 2011, at 21:07:23
In reply to CE, advice on obtaining med records, posted by floatingbridge on September 3, 2011, at 19:56:49
Fb.. it is illegal for a doctor to withhold your records. It's a HIPAA violation. The records are considered to belong to the patient. Once you request records in writing, they have 30 days to provide you a copy. They are allowed to charge for the cost of copying the records. Therapists and Psychiatrists are allowed to withhold things in the notes, if they believe releasing them will harm the patient.
Solstice
Posted by Solstice on September 3, 2011, at 21:12:12
In reply to CE, advice on obtaining med records, posted by floatingbridge on September 3, 2011, at 19:56:49
Oh.. and if he refuses, you can contact his licensing board and file a complaint. They will see to it that he provides the records. He can't withhold them, and other than paying copying costs, you should not have any costs.
Sol
Posted by floatingbridge on September 3, 2011, at 21:12:14
In reply to Re: CE, advice on obtaining med records » floatingbridge, posted by Solstice on September 3, 2011, at 21:07:23
Sol, the advocy group said the same, about harming others or the patient, but added that the bar of evidence was set pretty high on that. I mean if the white house can black stuff out....
Well, we'll see what I end up getting. I was also advised .25 cents per page max.
Brother....
Posted by floatingbridge on September 3, 2011, at 21:12:58
In reply to Re: CE, advice on obtaining med records - part 2 » floatingbridge, posted by Solstice on September 3, 2011, at 21:12:12
Oh. Messages crossed the Ethernet.
Posted by Solstice on September 3, 2011, at 21:14:06
In reply to Re: CE, advice on obtaining med records » Solstice, posted by floatingbridge on September 3, 2011, at 21:12:14
Yes.. he would have to be prepared to justify anything in the notes that he attempts to withhold.
Posted by Phillipa on September 4, 2011, at 11:14:12
In reply to Re: CE, advice on obtaining med records, posted by Solstice on September 3, 2011, at 21:14:06
FB and you don't want them sent to the new doc right? If so wouldn't complete records be sent? Wierdly mine that is leaving said she would give them to me. But I don't believe that it was just to temporarily silence me. Love Phillipa
Posted by Solstice on September 4, 2011, at 12:00:42
In reply to Re: CE, advice on obtaining med records, posted by Phillipa on September 4, 2011, at 11:14:12
> FB and you don't want them sent to the new doc right? If so wouldn't complete records be sent?
In my experience, doctors don't typically send a 'complete' record to other doctors. They send reports, summaries, lab results.. but would not likely send note.
> Wierdly mine that is leaving said she would give them to me. But I don't believe that it was just to temporarily silence me. Love Phillipa
I don't think what your doctor did is weird. If she has nothing to hide, why wouldn't she be happy to give you your records?
Posted by emmanuel98 on September 4, 2011, at 18:55:40
In reply to Re: CE, advice on obtaining med records » Christ_empowered, posted by floatingbridge on September 3, 2011, at 21:06:13
The laws may vary by state, but my understanding is that therapists may keep a private file of therapy notes, but must also keep a file available to the patient on request of things like meds, treatment plans, etc. You should be able to get these records just as if you were asking your PCP for medical records, or a hospital. They may charge a copying fee, but they can't withhold them. I would threaten your p-doc with complaint to the licensing board.
Posted by Phillipa on September 4, 2011, at 20:10:46
In reply to Re: CE, advice on obtaining med records » Phillipa, posted by Solstice on September 4, 2011, at 12:00:42
In all honesty she's been issued warnings found on google for over prescribing antidepressants and pain meds. Also she uses recycled paper meaning other writing on the backs. Her nots are at the end of a checklist and consist of really nothing. As each patient given their chart and believe me have ample time to read them thoughly before being seen. Never saw this done before handing your medical records to you to read? Phillipa
Posted by Solstice on September 4, 2011, at 21:25:15
In reply to Re: CE, advice on obtaining med records » Solstice, posted by Phillipa on September 4, 2011, at 20:10:46
> In all honesty she's been issued warnings found on google for over prescribing antidepressants and pain meds. Also she uses recycled paper meaning other writing on the backs. Her nots are at the end of a checklist and consist of really nothing. As each patient given their chart and believe me have ample time to read them thoughly before being seen. Never saw this done before handing your medical records to you to read? Phillipa
Sorry Phillipa.. what I wrote may have not made sense.
I *do* think it would be weird for a psychiatrist/therapist to just randomly hand a file to a patient to read. However, if that care provider is retiring, I don't think it would be weird for the doctor to give the file to the patient, because they will have no reason to keep it. Now if the doctor is staying in practice and the patient is leaving their care (for whatever reason), then I don't think it would be weird for a doctor to give the patient a copy of their file.
As for notes.. a lot of psychiatrists and therapists keep notes to an absolute minimum. My therapist's notes are very brief. It's done on a form where some boxes are checked off that have to do with basic things like affect & whether depression/anxiety is better or worse - and then there's a sentence or two that just has a detail about content - i.e. "Saw FOO (family of origin) for holidays, reports a good visit."
I know that in years-gone-by, doctors were protective of medical records and were reluctant to give them to patients. However, HIPAA is not a state-by-state thing - it is a law enacted by congress. This law says that patients have the right to inspect, copy, and request changes to their medical records. (Request changes if they find an error). So the days of doctors acting like patients don't have the right to see their records is gone.
Sol
Posted by Phillipa on September 4, 2011, at 22:11:58
In reply to Re: CE, advice on obtaining med records » Phillipa, posted by Solstice on September 4, 2011, at 21:25:15
Sol understand what you are saying. I guess I wasn't clear as combined really two topics into one. I was googling and found sanctions against old pdoc. But for all the years I've seen her her secretary hands you your chart before your session. And ample time to read content. Interesting you say question something they wrote as I just did that as check off sheet she had checked grandiose thinking in error asked her about it. She was rather taken back and said well you didn't want to take Deplin? I said that is not grandiose. She said what is it. I said very quickly not really what I wanted to say but something to effect when someone thinks they are above others and acts rather manicky. I didn't know they had gone to check lists. That's rather sad as then if the doc has a large practice what would they say if called to for instance testify in court about the patient? Just an example. I keep forgetting to google grandiose also. As totally the opposite of me. Phillipa
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