Doctor witholding records

[curiousmom1]

I reside in FL.

I am close to 39 weeks pregnant and I am scheduled for a repeat c-section this week. I switched OBs last week because my previous OB informed me at 37 weeks that my previous c-section incision was too low and to avoid nicking my bladder they would have to do a higher incision and that would cause me to have multiple scars. I informed my doctor that I was not comfortable with that and they informed me that they would try to accommodate me but they could not guarantee me anything. After talking to a number of other moms and consulting two doctors, I was told that this was not the standard procedure even if there were any concerns with nicking the bladder.

4/28 I officially switch doctors, the new doctor faxes over a medical records release form.

5/1 I receive a letter from the previous OB informing me that I owed them $28 for the copy of my records and it would take them 5-10 business day to get a copy to me.

5/2 I speak to the new OBs office and they tell me that I should not have to pay and that I need to call the other office and let them know that I did not have 5-10 business days to wait for the records. I call the old OBs office and explain my situation and even offer to pay the fee if they expedite my request. I am told by the old OBs office that they can not guarantee me anything before 5-10 business days. I call the new OBs office and they tell me not to worry, they will see if they can get the records using some of their connections.

5/5 I am informed by the new OBs office that the old OBs office does have the right to charge me for the records and that they have spoken to them and there is a copy waiting at the office, all we have to do is go and pay. We go and pay, but are told that there is no copy waiting for us and we would have to wait 5-10 business days. We explain the situation again and they tell us that they can have a copy for us this afternoon and we will be called when they are ready. Towards the end of the day they have not called and we call them and we are informed that they probably will not have the records ready this afternoon and also claim that they never promised us anything and that they can not promise anything other than 5-10 business days. I end up speaking to the office manager and got her to say that they will probably get to it after hours and the records should be available first thing in the morning.

At this point I do not trust them. At what point are they withholding my medical records, and what can I do about it?

 

[ecmst12]

They are allowed to charge the fee and the 5-10 days is reasonable. They are trying to accomodate you but switching doctors one week before your due date, what did you expect?

 

[lya]

I don't know about this one. This is not a person requesting records for personal reasons; this is a full-term pregnancy under the care of a physician who is not familiar with any of the mom's history of this pregnancy or the previous pregnancy.

I believe a phone call should be made to an attorney who can explain to the previously treating OB that if any harm comes to mom or baby and it is found to be attributable to the delay in sending records MD to MD, MD not immediately sending the records can be held liable.

That being said, Mom made a really dangerous decision to risk her health and her baby's health just to avoid an additional scar that will not be seen by more than herself and her husband. Furthermore, later, if not at the time of the second C-section, the original scar can be incorporated into the second scar.

Foolish, foolish decision. I hope it proves to be worth it.

 

[curiousmom1]

Given the fact that the doctor has been examining me for close to 9 months, they should have informed me of any deviations from standard procedures, particularly involving a major surgery, more than two weeks before I am scheduled to deliver. I no longer had confidence in the doctors ability particularly after doing other consults and I switched doctors as soon as I could. If I could delay the surgery a couple of weeks I would, but I can't I am having a baby.

It is not reasonable or accommodating to not expedite the release of medical records in this type of situation.

 

[JustAPal00]

The records are the doctors! He keeps them to CHA (cover his a**) incase of a law suit. He can charge you for a copy. As far as the time to produce them I think a business week seems fair. If he wanted to be nice he could do it right away. Lets face it a lot of Dr.'s aren't nice. As far as legal grounds, I don't think you have any!

I'm not a Dr, but my brother, sister, father, and brother-in-law are!

 

[lealea1005]

Given the situation, if your new OB speaks directly with your old OB ( not the staff), any important information could be exchanged verbally while the new OB waits for records. I'll also bet that call is enough to expidite those records.

Nothing you've posted indicates they are withholding your medical records. There are provisions in each state's health statutes which allows for Physicians/facilities to charge for the copying and mailing of medical records. It will also indicate the "reasonable" time allotted for mailing the records (in my state, 3 weeks), so 5 to 10 working days is VERY reasonable.

I agree wtih Lya that OP's decision to switch OB's at 37 weeks is foolish over what seems to be a cosmetic reason that may not even occur. Curiousmom, thre is no "deviation from standard procedure". The other mom's you "consulted" aren't MDs and have no other experience than their own. Were the Doctors you also consulted OBs who would have C-section experience?

Best of luck with the new baby.

 

[ecmst12]

They ARE, in fact, trying to accomodate you. But they are advising you of their normal procedures and that they can't promise anything more.

You had confidence in them for 9 months, and theoretically longer. I humbly submit that you may be overreacting a tiny bit. Do you really think it's better for you and your baby to up and switch providers NOW? Well I guess it's too late now. I hope everything works out for you.

 

[curiousmom1]

I came here for legal advice not medical advice or people's personal opinions.