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My old doc is refusing to transfer my records!!


Forum: Labor and Childbirth

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  #1  
November 15th, 2006, 11:44 AM
Mega Super Mommy
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I also posted in DDC board


Last month I switched docs because the other one was a ####. So I signed all the paperwork to get my records transferred at my new doc.
I went in for my appointment on Monday (btw everything is going great, she is now head down but not in the birth canal, my bp is great 120/80 and I didn't gain any weight) and he said that he made a few requests with refusal from them.
So I called.....they said that they don't accept any other transfer forms but their own and that I would have to pay for them to be transferred. Okay I asked why no one called and told me or the new doc that info its been a month???? NO freaking answer.
Than I said I will come in and pay whatever I want my records now. They said you can come in pay and fill out the form but it will take 4 to 6wks because a doctor has to review the records first before they can be mailed....UMMMMMMMMMMMM WHAT???????? I am not comfortable with that at all....... I told them I was due in 6 wks they said well than just come back here, I got so angry I hung up.
I called my new doc, and it turns out my old doc has a PERSONAL thing with my new doc....OMG HOW unprofessional!!Not only unprofessional but immoral. The new doc is gonna try and talk to the ####...but so far nothing. He is going to try and get what he can from the hospital and I called the lab for their results and I have to wait up to 2wks for the forms to be mailed for me to fill out........UGHHHH...my new doc said I should make a complaint to the medical board. I did that today. I cant believe this.
I have moved around a lot in my life and have always had my records transferred. I have never had a doc's office do this crap.

I swear if something happens with me or my baby because of this I will make sure that lady NEVER practices medicine again!!

Any advice would be great?!?!


UPDATE
Well this had been going on since monday morning....I just called my new doc again and the office lady said "dont worry the doctor fixed it" I told them I had made a complaint and she said that was good the doctor wanted me too. Geeeeeeezzzzz....atleast he now is going to get my records, if he hasnt already....oh boy.....some people...
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  #2  
November 15th, 2006, 01:31 PM
sara~b's Avatar Platinum Supermommy
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I would definitely contact an attorney. Your initial consultation should be free and if they feel you have a real case (and it sounds like you do) the attorney will not charge you any fees until you get a reward from a court judgement. Then the attorney will take a percentage of the total amount you win. Also I would consult an attorney today about the laws on your medical records. I believe if you request your records they can not deny you them. So if you go into their office with a written request in hand and they don't give you your records they will be facing federal offenses. I hope it all works out. At least you'll have a beautiful baby soon! Good luck and congrats!

I found this:



Some doctors and their staffs are reluctant to give records directly to the patient. You should know, however, that you have a legal right to your records, and they cannot legally refuse to give you a copy. They are within their rights to charge you for making a copy, but, under HIPAA, they must give you a copy if you request it.

Go to dogpile.com and type in 'can a doctor refuse to give me my records' and its the first link. Hope that helps. Maybe print that and take it to their office. Let that doctor know you won't be misled and abused. GL!
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  #3  
November 15th, 2006, 06:14 PM
LaLa's Avatar Platinum Supermommy
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Its required by law that they give you a copy of your records within a reasonable time frame. I would go in face to face and demand your records, and state calmly that if youdont have your records by X date (set a reasonable date - like 3 days), then they will be contacted by an attorney, and you will report them for HIPPA violation. Tell them you have already contacted an attorney (even if you havent), adn that you are serious and plan to do anything and everything you can and that you are fully aware of your rights & the law.

Watch how fast they get the records to you. Dont even worry necessarily about transferring - ask for them to give them to YOU esp since youre having to pay for them (this way you can look through them, verify its all there, and keep a copy for yourself).

I had this problem with my previous OB - well - my OB got kicked out of the practice, and I hated his partner, so I transferred. She gave me crap about getting my records, tryign to pull the same BS, and this is what I had to do to get them. And it worked!

Lala...
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  #4  
November 16th, 2006, 06:41 AM
Mega Super Mommy
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Thanks so much ladies.
I cant believe this stuff...when I made the complaint on the medical board's website I found the law and it states that they have 30 days to forward the records after they receive a signed request, they can not require a specific form if its being transfered, nor can they make me pay for it to be transfered.
The new doc said that all is okay, that he fixed it, but he made sure I made a complaint. I told him I did, he was happy. His exact words were "they are being petty, they dont like losing patients"
I am sure no one likes to lose a patient or a client. I do book keeping for companies, and I have lost clients and I never hold their financial records because I am mad....its so childish.
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  #5  
November 16th, 2006, 07:08 AM
LaLa's Avatar Platinum Supermommy
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Just a heads up - theres a federal law also - and while its a little more vague, it does give you a little more leeway (Since it says "reasonable time period" - which is a little more influential when youre pg and due soon & in need of prenatal care!)

Lala...
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  #6  
November 17th, 2006, 07:22 PM
MissyPrincessEha's Avatar Platinum Supermommy
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Wow! Someone had their panties in a wad! I am glad that office and OB finally saw the light. Glad you stuck up for yourself.
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