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    IM4U's Avatar
    IM4U Posts: 156, Reputation: 16
    Junior Member
     
    #1

    Oct 25, 2008, 12:09 PM
    My records to a lawyer's office?
    Hi,

    My primary care doctor of many years wrote me to come in for an office visit. I failed to respond due to questionable reasons for his wanting me to make an appt. He wrote at least once, maybe twice more, giving additional reasons. I failed to respond because of questionable reasons for his wanting me to come in.

    I do acknowledge that I should have responded, telling the doctor why I did not wish to come in. My practice had been to make appts on an as-needed basis.

    I received another letter indicating the doctor-patient relationship was being "severed." I responded with a letter giving information why I had not complied with previous requests. I asked the doctor to advise as to any inaccuracies in my letter. He replied with yet another letter saying he did not find inaccuracies in the information I gave as to why I did not comply.

    I accepted the "severance" of the doctor-patient relationship and began seeing another doctor app 2-3 years later. (I received care elsewhere for a few visits in between)

    My new doctor referred me to a specialist to receive continuing care about a matter for which my former doctor had been treating me. The new specialist's scheduler called me and gave me an appt. As I was leaving home for this appt, I learned that the new specialist was located at the same clinic with my former primary care doctor.

    The scheduler checked me in and asked me to wait. She called me back to her desk in about twenty minutes. She advised me that since my former doctor had "released" me, the specialist could not see me. Neither could any other doctor at that clinic see me. Neither was there any doctor in town outside that facility who could do the procedure. The scheduler gave me the name of a clinic fifty miles and one hour away.

    I learned that after I checked in and while I was waiting, my former doctor and the new specialist, with whom I had an appointment, had conferred. Apparently this conversation resulted in my being turned away.

    I left a voicemail with the office manager, asking for a return call. No response. I sent a letter to the specialist, objecting to the developments and asking for another appt to be scheduled. No response. I wrote the office manager, suggesting a meeting to consider my concerns. No response. I called the scheduler, asking for an appt. She checked with her superiors and said she could not schedule an appt. She also said the specialist had forwarded his letter from me to his lawyer and that I would be hearing from the lawyer.
    No hearing from the lawyer.

    I wrote the manager of medical information at the clinic and asked to review my records and to do so in the presence of a representative of the clinic. The manager responded that my records were at the office of an attorney and that I could contact the attorney's office about seeing the records.

    I have billed the specialist, who turned me away, for my time at the clinic and travel expenses to his office and to the office to which he referred me fifty miles away. No response. I have not attempted any contact with my former primary care doctor. That may be next.

    There are a number of issues that I find in these developments that I consider inappropriate. I plan to continue to address them in an informal manner, asking for a business-like and civil approach to my being allowed to address my questions and concerns face to face.

    But my question for your opinions here is: Does the medical clinic have authority to release my records to an attorney when there has been no initiation of legal procedures on my part to address the clinic or any of its doctors?

    One Further Note: My original primary care doctor who severed our doctor-patient relationship is a partner and corporate officer of the clinic. I am wondering if he is taking the position that the "corporation" severed the doctor-patient relationship. But, as a layman, I continue to question the propriety of his doing so.

    Thanks for laboring through this lengthy treatise. Be assured that in the interest of community relations, I am giving attention to my own advice below!
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Oct 25, 2008, 12:30 PM

    1. yes, the various doctors may review your case.

    2. yes, since you sent the billing in, they may send your file and case to their attorney who is in their employ.
    Since it would be their attorney who would answer any issue of your billing.

    ** sorry but you are not going to get paid for your time at the doctor or travel.
    tickle's Avatar
    tickle Posts: 23,796, Reputation: 2674
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    #3

    Oct 25, 2008, 12:33 PM

    As far as I know, and it would not happen here in Ontario, your medical records cannot be released without your permission to anyone, not even a family member. You might call this a HIPPA violation and should be dealt with accordingly by informing your equivalent of the College of Physicians and Surgeons.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Oct 25, 2008, 12:51 PM

    There are many many exceptions to HIPPA, one of them is to provide this information to a AGENT of them.

    They can consult with other doctors and medical providers, provide it to many government agencies without permission and more.

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