Is there a lawyer in the house?

Discussion in 'General Conversation' started by jlingle, Apr 13, 2006.

  1. jlingle

    jlingle New Member

    Messages:
    1,036
    State:
    Altus, Okl
    I'm having significant trouble getting a local medical facility to release my medical records. They are required to do so, but no one seems to know exactly WHO requires them to do so. If anybody has any good advice for me, I'd sure like to hear it. I've already gone down to the clinic & raised hell, that didn't work. They've threatened to call the cops if I go down there again.:rolleyes: Anyhooo..... ifyou've got an idea for me, I'd sure like to hear it.

    Jerrod
     
  2. TDawgNOk

    TDawgNOk Gathering Monitor (Instigator)

    Messages:
    3,365
    State:
    Tulsa, Oklahoma
    I would suggest to call them and ask them if they have heard of HIPPA. the Health Information Portability and Protection Act.

    They have ALL heard of it, and most health care providers are EXTREMELY LEARY of tangling with it
     

  3. jim

    jim New Member

    Messages:
    2,579
    State:
    Jacksonville NC
    Are you civilian or military?I can't remember the details but there was a case where a hospital won because they proved the records belonged to them even though they were the "records " of a patient.You should be able to get a copy if not the original however.I don't know anything about the law which virtually qualifies me to be a lawyer.Look in your yellow pages as most towns & cities of any size usually have free legal clinics to handle cases such as this.Remember 99% of all lawyers give the others a bad name.:) :confused:
     
  4. safetybass

    safetybass New Member

    Messages:
    299
    State:
    Missouri
    HIPPA is probably the reason they won't release the records. They are scared to death about the regs. Should be simple for your own records; sign the release (HIPPA required) and pay reasonable photocopying charges. The comment earlier about "your' records actually belonging to the medical provider is true. Hey, but "I'm Not A lawyer" to paraphrase Richard Nixon. But I did sleep in a Holiday Inn Express once!
     
  5. MilwaukeeCatHunter

    MilwaukeeCatHunter New Member

    Messages:
    225
    State:
    Wisconsin
    I am not a lawyer either, but if you want the original documents, I think they have a right to keep those. However, you should be entitled to copies of all your records. I don't think HEPA restricts release of records to the patient.

    If you are currently involved in some type of legal battle, court case or lawsuit with the medical facility, I think that they might have the right to deny release of your records based upon "pending litigation." In that case, you might have to get a lawyer to subpoena the records or get them some other way.

    Instead of wasting money on a lawyer right now, I would recommend that you call the director/administrator of the medical facility. I have done this a few times with hospital complaints, and they have helped me out considerably. Use the lawyer as a last resort to save money.
     
  6. jlingle

    jlingle New Member

    Messages:
    1,036
    State:
    Altus, Okl
    These people are just unbelievable. Okay, a little more info. on the situation: My personal family doctor recently quit their facility and opened his own practice. Evidently, it was an ugly split with the medical facility. Now, the medical facility is doing everything in their power to make life hard on him.... and it looks like I'm stuck in the middle. I know I'm not entitled to the original documents, but they are required to issue me copies (and I'm supposed to pay for them, no big deal) and they are supposed to issue them "upon request" according to the statutes. The problem lies in the wording of the statute. They feel like they have up to 30 days to issue the documents, and they are totally belligerent about the deal. I guess because there are no actual timetables listed in the statute, I'm basically stuck.

    I will look into the HIPPA thing. It may be the angle that I need to get the records released to me in a semi-reasonable timeframe. I never thought I'd be going through something this stupid.:mad:

    Jerrod
     
  7. T-Bone

    T-Bone New Member

    Messages:
    1,125
    State:
    South of Dallas
    Good luck buddy, sounds like a big mess. Hope it all works out for ya.
     
  8. MilwaukeeCatHunter

    MilwaukeeCatHunter New Member

    Messages:
    225
    State:
    Wisconsin
    I'm just making an assumption here, but I bet the statutes say they have to release the records within a "reasonable time". Now, whatever the definition of "reasonable" is, I do not know. IMHO, 30 days might be pushing it, but depending on the amount of records, they might need that long to pull everything together. Maybe a lawyer will give you a FREE consultation on this. Again, I wouldn't pay for one yet. Wait the 30 days and give them the benefit of the doubt if you can.
     
  9. AwShucks

    AwShucks New Member

    Messages:
    4,532
    State:
    Guthrie, Oklaho
    Shuck, I thought you were asking if there was a lawyer in the house so you could tell us to open a window to let the smell out. lol. BUT, I guess lawyers fish also. lol