A GOOD FRIEND NEEDS THE MEDICAL RECORDS SO THAT FRIEND CAN XEROX THEM AND GET MORE OPINIONS...THE FIRST DOCTOR REFUSES TO RELEASE OR XEROX THEM AND GIVE COPIES TO MY FRIEND.....WANTS TO BRING THEM AROUND TO OTHER PHYSICIANS FOR OTHER OPINIONS, BECAUSE THE FIRST PHYSICIAN, WE HAVE BEEN SO ADVISED, IS GUILTY OF MED. MALPRACTICE AND NEGLIGENT MEDICAL PROCEDURES AND TREATMENT. THE PHYSICIAN, LAST YEAR ALONE WAS FORCED TO PAY A LOT IN DAMAGES FOR A MED MALPRACTICE LAWSUIT SETTLEMENT AND HE SCREWED UP MY FRIEND'S OPERATION, AND THEN REFUSED TO LISTEN WHEN THE FRIEND CLAIMED SEVERE PAIN IN THE SPOT HE OPERATED, AND THE DOCTOR INURED THE COMPLAINTS. ANOTHER DOCTOR TOOK MRI SAID THE FIRST DOCTOR FOLLOWED INCORRECT PROCEDURES AND THE NEW DOC SPOTTED FURTHER DAMAGED INTERNALLY AND CHIPS LEFT INSIDE.
buttercup
she will need to get a lawyer involved.
physicist
Have the new doctor request them directly from the old doctor. You will have to sign a waiver for HIPAA, but that usually works out better.
Tracker
The patient needs to sign a form or a letter authorizing releasing the medical record to whoever the record is to go, whether it's a friend, another doctor, family member, etc. If the doctor still refuses to release the records, get a lawyer involved- they may have to be subpoenaed in order to get the doctor to give them up.
Also, if the procedures were done in a hospital, go to the medical records department with the form or letter mentioned above. They may charge for copying it, but you'll have it.
AllicsirpK
If I thought I was injured by a physician, I would start calling all the ambulance chasing (Personal Injury) Law firms in your area. They are pretty good at sifting through emotion vs. damage. I would recommend doing your own research to find out first hand if the allegations are accurate regarding the 'first physician'. I would look on your State's website for "health related license". When you find that link (usually Department of Health Licensing Boards) look up the status of their State Medical License for ALL the doctors you are involving. If any type of action has been brought against the doctor by the Medical Licensing Board, it will show up. Most states have an online interactive search. These are public records at no cost. Next, it is very unusual for one physician to allege damages by a collegue just because everyone is avoiding lawsuits these days. The new doctor is screaming to be sucked into a lawsuit if he said that to your friend......or there is truly gross malpractice which the Personal Injury Lawyer can detect or advise you on how to proceed. Regarding Medical Records, and this is pretty irritating, but they are the property of the doctor. You must follow his protocol to obtain a copy of the records, he must release them but you can't walk in and demand a copy of the records. If they say you have to request them in writing and pay 10 cents per page, do it. It is not likely they will release the records to anyone except the patient because of HIPAA regs. I know you all are angry and I am sure the first doctor is aware of that too. It is standard procedure when you get a second opinion, that the 1st docs records are sent directly from 1st doctor to 2nd opinion doctor. Most patients do not carry a set of medical records around so that part is normal. I worked for doctors for years and years and have had some bad experiences with my personal medical care and it is very frustrating when I feel like I am "not heard". Your friend needs someone to keep a level head and keep their eye on the horizon. And what I mean is, what do you want to accomplish? Is your friend asking for more pain medicine and the doctor will not give her any more? Keep in mind everyone has a different pain tolerance and if her pain is severe, ask for a referral to a pain doctor. If your friend thinks she has been damaged by the first doctor to the extent of long term damages, seek the advise of a personal injury lawyer. Keep in mind most surgeons (in my opinion) do not have a soft warm fuzzy bedside manner so help your friend not be too sensitive with the surgeon's personality. I don't think lashing out without having all the facts is of any help to your friend. It sounds like she needs your help to stay calm and move forward with her recovery. My thoughts are with you.
Orignal From: UNDER HIPAA OR ANY OTHER METHOD, HOW CAN ONE GET MEDICAL RECORDS FROM A DOCTOR WHO REFUSES TO RELEASE THEM?
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