Medical Records

[crappypants]

What is the name of your state? Illinois

I'm in the process of trying to obtain my daughter's medical records from 1997 and this process has been going on now for 2 months. She is going into 2nd grade and they want to do some testing on her to see if she has a learning disability and they also are curious of her apgar scores. My daughter had a very difficult birth and alot of mistakes were made. My doctor admitted some things could have been different and was generous enough to waive my balance of my medical bills and my daughter's hospital stay and medical bills.

I contacted the hospital and they had sent me a release form through the mail, I signed it and returned it right away. They have had the release for 2 months now. I called about a month after I mailed the release form and they stated to me they have not located the records. I gave them another month and called back and once again they have not located them.

I need to know if I need to hire an attorney to handle this matter or am I just impatient? Does it take this long to recieve medical records? I do realize they are old. What happens if they can't locate them?

I guess what it comes down to is it sounds kinda fishy. Any help would be great. Thanks!

 

[rmet4nzkx]

They may have been destroyed due to age, they may not be required to hold them after a certain time usually 8 years. Never the less contact them again and ask re the records, in the mean time, your reports of difficult will help with background, however an assessment can be made without medical records based on history, interviews, testing. Your child's Apgar score isn't essential to the assessment process. You may want to consult a medmal attorney if you believe there was any malpractice.

 

[PinHead]

lawyer

two months is already quite a while and i think it is just proper to ask already for some legal advice in order to do some reminders to the hospital regarding their very slow records recovery

 

[Lawyer Bites]

hi there,
yes you do need to have an attorney to handle the case so that it would be faster unless you can wait for the rest of your life with that medical records that you are needing...
you can always demand to present to you the medical records, in case they cannot then find a lawyer and do what is needed...
good luck!

 

[crappypants]

Just an update, I was told when I called last time that I needed to call back in 2 weeks. I called today and the response was we are still having trouble locating them. I asked if it was a possibility they were destroyed and she stated that they hold them for a minimum of 8 years but are usually held longer. I asked what happens if they are never found and she stated then someone will have to address that. She asked for my home phone # because her manager was going to give me a call back today soon as they get off the phone with the warehouse where the record is suppose to be located. They never called.

I know the medical records are in of no importance to diagnose my daughter's learning disability but it would have been nice just to have a record.

I guess my question is now do I just let it go or actually hire a lawyer to squeeze the records out of the hospital that they have no idea where they are? If I do hire a lawyer do I hire one in Illinois or my current state? Sorry to be a bother but I am clueless and angry about this whole situation.

 

[rmet4nzkx]

Just get the assesment, it is nice to have the information but not required, concentrate on getting the assessment now and the records will show up eventually if they exist. Call back tomorrow and ask to speak to the supervisor. The cost of hiring an attorney to do the same thing you are doing is not going to be cost effiecient unless you have some reason to sue the hospital apparently you already mitigated any damages known to you at that time. If you can give more infor about the nature of the learning disability I might be able to advise you on the importance of Apgar scores and or birth trauma. Some forms of LD are inheirited so, there would be less impact by birth process. If there was hypoxia, failure to thrive or reach develomental milestones or history of siezures that would be significant.

 

[crappypants]

My daughter has started to fall behind in all areas studied; math, reading, spelling etc.... She didn't speak until she was a little over 3. She failed the hearing test part that deals with high pitches. She is currently enrolled in summer school and a speech program. They will test her in the fall for the learning disability. They have always been informed of her trauma at birth and they asked me if I knew her apgar scores. I didn't know and I have been curious ever since.

After her birth the nurse was not aware of her distress until a doctor came in about half an hour later and listened to the baby and then rushed her to the nursery. At that time the blinds were drawn and nobody knew what was going on. After 2 hours a pediatrician came in to tell me they were transferring my daughter to a hospital more equipped to take care of her. They let me see her and she was hooked up to alot of machines and had two chest tubes. The doctor told me they had to bring her back and it was unclear how long she went without oxygen. She had pneumonia as well as an infection. She was sent to a children's hospital and kept there in the NICU for almost 10 days.

 

[rmet4nzkx]

Which hospital are you having difficulties obtaining the records from, the birth or children's hospital? Have you requested records from both hospitals? You might find out that Children's hospital has the missing records or copies of them. It sounds like hypoxia was an issue and perhaps a collapsed lung? Your daughter should have been in an early intervention program. Contact your state department of developmental disabilities http://www.dhs.state.il.us/mhdd/dd/ so that you can access all the resources available to your child.

 

[crappypants]

I had contacted the Children's Hospital and I was told I should contact the original birth hospital for the records. It didn't even dawn on me that the Children's Hospital (even though they told me to contact the birth hospital) could have records. I would assume they have to have the report from the birth hospital. I feel a whole of a heck better because there might be hope. Thanks alot for reminding me.

The doctor never really said hypoxia but he did say oxygen deprived.

 

[rmet4nzkx]

That is what hypoxia is, oxygen deprived, be sure to contact the Dept of DD as well. You may want to contact a medmal attorney in the state where she was born and inquire re the statute of limitations for minors.