Medical records--what are my rights?

[Harriet Vane]

I have been having health difficulties all summer due to a systemic infection (confirmed by lab results). Earlier this summer I also had an infection that we assumed was unrelated to the systemic infection.

 

My systemic infection got waaaay better, but as of this week (my second week off of meds) is actually getting worse. AND the OTHER infection I had is now back as well!!! I am now wondering if there is a connection between the two.

 

When I started having the major, severe symptoms for the systemic infection, I tried to get an appt with my regular dr. I won't go into all the gory details, but suffice it to say that their office was completely booked for the week and they did not take my symptoms seriously when I described them over the phone. They wanted me to try some OTC remedies--however, I KNEW that what was going on with me was definitely not normal, and definitely severe. I ended up seeing a different dr, who confirmed my concerns both with an exam and with lab results. I ended up taking meds for a solid MONTH, and am on a special diet for six months as well.

 

(Yes, this has been exhausting and overwhelming.)

 

I want to get my medical records from my original dr because I want the new dr to review the various labs and tests that were done earlier. (My original dr treated the first infection, but not the later, different, systemic infection.) I also want my new dr to review some labs and tests that were done last summer for what I thought were simple perimenopausal issues.

 

I have an appt today with my dr. I want to be able to go to the old dr's office, get the file, and just carry it over to the new dr's office. It would save a ton of time, and would get my dr the information he needs for my appt today. Can I do this? What are my legal rights regarding my medical records?

[LizzyBee]

Most doctors will charge and will not rush when a patient requests records. I think it would be quicker to call the new dr office and ask them to call the old dr office to request they fax the records asap. You might have to sign a release if you haven't already. When sending from one dr to another, they usually do not charge for the records. I guess drs consider it a professional courtesy to send records when requested by another dr.

[mchel210]

It my understanding you can pay for copies most of the time..but they wont transfer the whole thing to you due to hippa laws.

 

This is what I found...

http://www.privacyrights.org/fs/fs8a-hipaa.htm#6

Does HIPAA allow me to get my original records?

No. HIPAA only gives you the right to get copies of your records. Or, if you choose, you can ask to see your medical records or ask for a summary of your medical file.

[Beatusduo]

Sorry to hear that your not feeling well.

You do have the right to your medical records. With that being said, the office may charge you for making copies. Depends on the particular office and their policy.

I kept extensive records on my health and always asked for copies. From age 17 to age 41 I kept all reports from every doctor I saw concerning an ongoing condition. Not all providers were gracious in my request, but I did receive them. I still have MRIs of my brain and I am considering making cards out of the photos. "Thinking of You" "You have been on my mind" etc.

There should be no problem with doctors sharing reports. You will have to ok the request and they would send them.

 

Good Luck

Susie

[Perry]

I have an appt today with my dr. I want to be able to go to the old dr's office, get the file, and just carry it over to the new dr's office. It would save a ton of time, and would get my dr the information he needs for my appt today. Can I do this? What are my legal rights regarding my medical records?

 

I believe you have a legal right to the information in your record (i.e., a copy) but not the actual original record. The original file belongs to the office.

 

 

Also, many offices are now using electronic records, so there is no paper file for you to take. They would have to print off the appropriate records for you. This may not apply to your situation though.

[KidsHappen]

Cadam is right. You are have a right to get a copy of your medical file but only a copy which they may charge you for. Usually you have to put in a request and it takes a few days. They will not give you the original file though because they basically need it to CYA.

[OnTheBrink]

Your medical records are YOURS. You have the right to have them. They might charge you for copying, but they absolutely can not withhold your medical records. When you go in, ask for them. They'll most likely make you sign a release, but that's to cover their own backsides, it's not a big deal. But by federal law, they absolutely can not withhold them from you.

 

When you request them, say something like, "I'd like copies of my medical records" instead of "Can I have my medical records?" Sometimes doctors or medical receptionists hem and haw (for whatever reasons) and if you go in there knowing they can not withhold them, they most likely won't give you a problem, which they shouldn't.

[Danestress]

Doctor's offices don't even store records on site sometimes. You should not have problem getting the records, but you may have a problem getting the records when you want them without giving the office any warning. I think you should call them and tell them that you are going to want the records and ask whether you should come get them or have your new doctor request them.

[Dobela]

Go to your new dr's office and ask for a medical release form. They will fax it to the original dr and can often receive records much faster that way. In the meantime, go to the orig. dr and sign a release asking for the records to be sent to you. That way you have a copy for future use as well.

[Tap]

I would call the office manager and ask what way would be best to get the reports ASAP. If you are most interested in the labs, then state that. Copying the lab reports and sending those, will be much faster then the entire medical record.

 

I would expect them to require a medical records release form to be on file with the sending office before they will do anything. Offer to either come over in person or to arrange a fax/fax back situation.

 

Doctors personal notes in your file belong to the doctor. He/she is obligated to send a summary of their notes to a provider but not the original hand written/typed notes. This summary is part of why it takes a bit longer to get the request.

 

Some physicians will send originals, but most will not.

 

I would expect it to be possible to get lab reports sent within a day, but it will be up to the office staff and how busy they are, to actually do it in a timely manner.

 

You may be charged for the service like many people have stated. I would request that the doctors send the notes between themselves. I will avoid the fees and the doctor can send the summary in dr speak instead of layman's terms, which may make it faster.

 

 

 

Good luck, I went through this years ago when I was needing copies of my son's records. It can be agonizing.

 

In the future request copies of all lab work as you go along to speed up the process.

[Perry]

I believe you have a legal right to the information in your record (i.e., a copy) but not the actual original record. The original file belongs to the office.

 

 

Also, many offices are now using electronic records, so there is no paper file for you to take. They would have to print off the appropriate records for you. This may not apply to your situation though.

 

 

Maybe this will clarify:

from Encyclopedia of Everyday Law

Background

 

Medical records are the property of those who prepare them (medical professionals) and not the property of those about whom they are concerned (patients). However, patients have a privacy right in the information contained in the records. These two interests may or may not conflict when it comes to releasing medical records to outside or third parties, who may also have another interest at stake. Once these basic and often competing interests are separated and assessed, it becomes easier to understand the issues that may surround the right to request, view, copy, or protect medical records and medical information.

Although medical records belong to the medical professionals/entities who create or prepare them, patients generally have a right to review them, demand copies of them, and to demand their confidentiality, i.e., prohibit release of information contained in them (with limited and specific exceptions). Where does a patient get the authority to control the release of documents that belong to others? The patient's rights are dependent upon who created the documents, who wants to view them, and why their release is warranted.

 

 

..................

 

 

At one time (fairly common through the 1970s), a doctor was considered a mere "custodian" of medical records, which were considered the property of the patient (because the personal information contained in them related only to the patient). It was common practice to release to a patient, upon demand, all original records concerning the patient. However, that practice led to some patients destroying their medical records, denying that they had received certain treatments, misrepresenting their conditions for the purpose of obtaining life or health insurance policies, and (in the case of psychiatric patients) sometimes becoming a threat to the community at large after learning what was contained in their records. MEDICAL MALPRACTICE suits and liability for harm caused to third persons became a paramount issue that drove the impetus for establishing a refinement of the law (mostly through CASE LAW).

This change has resulted in a clarification that the actual original medical records belong to those who create or originate them. However, the release to a patient or to third parties of information contained in the medical records (about a particular patient) is generally controlled by the patient (with specific exceptions).

Medical professionals may be required by the request of a patient (or court order, SUBPOENA, etc.), to produce original documents and records for inspection, copying, or review. Usually, this is done in a supervised fashion within the offices or facilities of the creator/originator of the records (the doctor or medical facility). For all intents and purposes, it is more common for the original documents to be simply photocopied and forwarded to the patient or to the party whom the patient designates. It is general practice to not charge for copying or reproducing if the records are not extensive and are being requested by the patient, for the patient's own use.

 

[OnTheBrink]

If your labs were done in a hospital, you can get those from the hospital. Where I work, you can just walk in and get them printed up while you wait.

[Harriet Vane]

Thanks folks. This has been very helpful. I called the office from which I wanted records. The receptionist was not helpful (insisting it takes some time and that there would be exorbitant fees), but I had better luck when I asked to speak to a nurse. The nurse was really understanding and was able to fax over the specific labs and records necessary for today's appointment. I then filled out a request to have all records transferred and have a copy sent to me.

 

Thanks again.

[Jean in Newcastle]

Thanks folks. This has been very helpful. I called the office from which I wanted records. The receptionist was not helpful (insisting it takes some time and that there would be exorbitant fees), but I had better luck when I asked to speak to a nurse. The nurse was really understanding and was able to fax over the specific labs and records necessary for today's appointment. I then filled out a request to have all records transferred and have a copy sent to me.

 

Thanks again.

 

Good call to ask for a nurse! So- how did the appointment go?