What is the name of your state (only U.S. law)? California
Hi, I have a number of questions regarding my medical records and what kind of recourse I have to get doctors to conform with the law under in several instances. Help or advice on any/all of these questions would be greatly appreciated. I am not sure if a statute of limitations applies to any of these issues.
1. Medical Record Error: Some of my medical records are riddled with errors. I was in an accident, went to the ER, and the hospital record shows I was given vicodin and then given a drug screen. Not surprisingly, the drug screen was positive for opiates. The record states I had opiates in my system when I arrived at the ER, which is not accurate. More than 3 years have passed since this occurred. Should I try to do something to correct the record at this point? If so, what?
2. Misdiagnosis/Errors in medical record: My first neurosurgeon, who is currently under indictment for several very serious medical errors (he has been under indictment for two years now, but is still practicing since he has not been found guilty or innocent yet) wrote I had schizophrenia in my chart after I told him I had suffered from depression. He refused to change the record despite a letter from my psychiatrist stating that I could not possibly have schizophrenia and insisted the entire record be turned over to him. I refused, and the dx of schizophrenia is still in my records. He made other minor errors as well, such as writing that he prescribed a different medication than the one he prescribed to me. Is there anything I can or should do? This also occurred slightly more than three years ago.
3. My previous PCP falsified my records, possibly intentionally, refused to allow me to inspect my full record, refused to see me within 30 days of dismissing me, and refused to allow me to attach my own explanation of events to the record.
a. Deliberate falsification of medical record: The record states that her staff requested I come in to her office multiple times for an appointment. I was never contacted by her staff to come in for an appointment. When I found out the doctor wanted to see me (after I called the doctor's office for help with a medical question), I said that I had been given a list of labs to take when I had seen the doctor a year before, and that it would make sense to do the labs before coming in. The staff promised to mail me the labs so that I could have them done. I called a week to two weeks later and was told that the doctor was angry with me for not coming in to see her and no one remembered the labs I requested. My record incorrectly states that her staff contacted me multiple times for appointments, but that I refused to come into the office.
b. Patient Abandoment (?) -- Refused to see me during 30 day period after dismissing me; Did not follow Calfiornia law for medical records : refused to allow me to inspect my medical record in full or add my own note with my version of the events to my record.
The doctor cancelled all of my prescriptions, which she had been refilling each month for the previous year, without telling me she was doing this or telling me I needed to make an appt. to see her before she refilled them again. Some of these prescriptions had to be tapered or titrated down, and stopping one of them suddenly (a benzodiazepine I had been taking for the previous 8 years) put me at risk of a seizure and DTs. I tried to explain my concerns to my doctor during a 5 minute phone call. She tagged me as a "drug seeker" despite taking the medication exactly as she prescribed (this is not in my chart, but is implied) because I was deeply concerned about suddenly stopping the benzodiazepine. When I tried to explain my reasoning, she told me she was dropping me as a patient, would refill my prescriptions once, and would send me a letter dismissing me and hung up on me before I could say anything else. Subsequent attempts to talk with her by phone were denied. I had a pre-existing appointment to see her before the 30 days were up, and her staff called me to tell me that she would not see me if I showed up for my appointment. I told the staff that under California law, I had the right to inspect my full medical record including any notes she had written about phone conversations or otherwise. The staff told me they would not allow this. I also told the staff that I had the right to have a letter with my version of events/explanation including in my file. Again, the staff told me they would not put the letter in my file. This was 1 1/2 years ago. I did not submit a letter explaining events, try to see the doctor, or examine my record.
The record is not a pretty sight, to put it mildly, and I am very disturbed that either she or or her staff lied about calling me to set up an appt. to see her. After reading the rules on prescribing prescriptions, I understand that she did this to cover herself since she prescribed medications, some of them controlled substances, for over a year without seeing me. I did not know that this rule existed before this incident and, had her staff actually contacted me, I would have made an appointment to see her. There is no record of the staff calling me about appts. I don't know what, if anything I can or should do, since neither she or her staff appears to understand my rights under California law (to inspect my record, or to add a note from me to my record.)
4. Refusal to release medical records in full or in part: I saw a specialist for a year and a half. When I stopped seeing the specialist, I requested a copy of my medical records. I was told I could not have copies of the records they had already copied for me, but that I would have to pay full price for medical records after that date. I was not allowed to mail or fax my request to them, and my mother had to deliver the form and a check to the doctor in person. This was in January of 2008 and I still have not received my medical records. The first time I requested my records, it took over 3 months to receive them.
If I did not have a chronic condition that requires regular medical attention, I might not be as concerned about all the errors in my medical records (there are more, but they are relatively minor in comparison to the ones I have listed above). Any advice on this would be appreciated. My medical records in this county, where I no longer live, are electronic. If I move back to the county, any doctor I see will access these records.
Thank you for your assistance/advice with any/all of the questions above.
Sandy,
In CaliforniaWhat is the name of your state (only U.S. law)?
Hi, I have a number of questions regarding my medical records and what kind of recourse I have to get doctors to conform with the law under in several instances. Help or advice on any/all of these questions would be greatly appreciated. I am not sure if a statute of limitations applies to any of these issues.
1. Medical Record Error: Some of my medical records are riddled with errors. I was in an accident, went to the ER, and the hospital record shows I was given vicodin and then given a drug screen. Not surprisingly, the drug screen was positive for opiates. The record states I had opiates in my system when I arrived at the ER, which is not accurate. More than 3 years have passed since this occurred. Should I try to do something to correct the record at this point? If so, what?
2. Misdiagnosis/Errors in medical record: My first neurosurgeon, who is currently under indictment for several very serious medical errors (he has been under indictment for two years now, but is still practicing since he has not been found guilty or innocent yet) wrote I had schizophrenia in my chart after I told him I had suffered from depression. He refused to change the record despite a letter from my psychiatrist stating that I could not possibly have schizophrenia and insisted the entire record be turned over to him. I refused, and the dx of schizophrenia is still in my records. He made other minor errors as well, such as writing that he prescribed a different medication than the one he prescribed to me. Is there anything I can or should do? This also occurred slightly more than three years ago.
3. My previous PCP falsified my records, possibly intentionally, refused to allow me to inspect my full record, refused to see me within 30 days of dismissing me, and refused to allow me to attach my own explanation of events to the record.
a. Deliberate falsification of medical record: The record states that her staff requested I come in to her office multiple times for an appointment. I was never contacted by her staff to come in for an appointment. When I found out the doctor wanted to see me (after I called the doctor's office for help with a medical question), I said that I had been given a list of labs to take when I had seen the doctor a year before, and that it would make sense to do the labs before coming in. The staff promised to mail me the labs so that I could have them done. I called a week to two weeks later and was told that the doctor was angry with me for not coming in to see her and no one remembered the labs I requested. My record incorrectly states that her staff contacted me multiple times for appointments, but that I refused to come into the office.
b. Patient Abandoment (?) -- Refused to see me during 30 day period after dismissing me; Did not follow Calfiornia law for medical records : refused to allow me to inspect my medical record in full or add my own note with my version of the events to my record.
The doctor cancelled all of my prescriptions, which she had been refilling each month for the previous year, without telling me she was doing this or telling me I needed to make an appt. to see her before she refilled them again. Some of these prescriptions had to be tapered or titrated down, and stopping one of them suddenly (a benzodiazepine I had been taking for the previous 8 years) put me at risk of a seizure and DTs. I tried to explain my concerns to my doctor during a 5 minute phone call. She tagged me as a "drug seeker" despite taking the medication exactly as she prescribed (this is not in my chart, but is implied) because I was deeply concerned about suddenly stopping the benzodiazepine. When I tried to explain my reasoning, she told me she was dropping me as a patient, would refill my prescriptions once, and would send me a letter dismissing me and hung up on me before I could say anything else. Subsequent attempts to talk with her by phone were denied. I had a pre-existing appointment to see her before the 30 days were up, and her staff called me to tell me that she would not see me if I showed up for my appointment. I told the staff that under California law, I had the right to inspect my full medical record including any notes she had written about phone conversations or otherwise. The staff told me they would not allow this. I also told the staff that I had the right to have a letter with my version of events/explanation including in my file. Again, the staff told me they would not put the letter in my file. This was 1 1/2 years ago. I did not submit a letter explaining events, try to see the doctor, or examine my record.
The record is not a pretty sight, to put it mildly, and I am very disturbed that either she or or her staff lied about calling me to set up an appt. to see her. After reading the rules on prescribing prescriptions, I understand that she did this to cover herself since she prescribed medications, some of them controlled substances, for over a year without seeing me. I did not know that this rule existed before this incident and, had her staff actually contacted me, I would have made an appointment to see her. There is no record of the staff calling me about appts. I don't know what, if anything I can or should do, since neither she or her staff appears to understand my rights under California law (to inspect my record, or to add a note from me to my record.)
4. Refusal to release medical records in full or in part: I saw a specialist for a year and a half. When I stopped seeing the specialist, I requested a copy of my medical records. I was told I could not have copies of the records they had already copied for me, but that I would have to pay full price for medical records after that date. I was not allowed to mail or fax my request to them, and my mother had to deliver the form and a check to the doctor in person. This was in January of 2008 and I still have not received my medical records. The first time I requested my records, it took over 3 months to receive them.
If I did not have a chronic condition that requires regular medical attention, I might not be as concerned about all the errors in my medical records (there are more, but they are relatively minor in comparison to the ones I have listed above). Any advice on this would be appreciated. My medical records in this county, where I no longer live, are electronic. If I move back to the county, any doctor I see will access these records.
Thank you for your assistance/advice with any/all of the questions above.
Sandy,
In CaliforniaWhat is the name of your state (only U.S. law)?