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Intentional Lies That Affect Permanent Medical Record

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  • 04-21-2010, 07:40 PM
    CPR101
    Intentional Lies That Affect Permanent Medical Record
    My question involves defamation in the state of: Oregon

    After a family dispute, a relative "anonomously" told the family doctor some lies about me, which incited a letter from my Dr. informing me that I would not be receiving any further medical prescriptions from their office.

    1) Am I entitled to get a copy of my medical record for proof of slander that affects my medical record?
    2) Is the Dr. Office obligated to inform me (confirm) of the identity of the "anonymous" source of whatever information they received?
    3) Am I entitled to know what information has been alleged against me?
    4) Do I have a legal action against the Dr. Office for handling hearsay as fact and (likely) making note in my permanant medical record w/o verification?
    5) Do I have legal action against the relative (or source) for slander?


    Who is the most notorious attorney in the Portland, Oregon area for mercilessly handling cases like this?

    Thank you,
  • 04-24-2010, 12:44 PM
    Mr. Knowitall
    Re: Intentional Lies That Affect Permanant Medical Record
    The following regulation addresses the issue of access to medical records.
    Quote:

    Quoting OAR 847-012-0000. Patient's Access to Physician Medical Records
    (1) Licensees of the Oregon Medical Board shall make protected health information in the medical record available to the patient or the patient’s authorized representative upon their request, to inspect and obtain a copy of protected health information about the individual, except as provided by law and this rule. The patient may request all or part of the record. A summary may substitute for the actual record only if the patient agrees to the substitution. Board licensees are encouraged to use the written authorization form provided by ORS 192.522.

    (2) For the purpose of this rule, “health information in the medical record” means any oral or written information in any form or medium that is created or received and relates to:
    (a) The past, present, or future physical or mental health of the patient.

    (b) The provision of health care to the patient.

    (c) The past, present, or future payment for the provision of healthcare to the patient.
    (3) Upon request, the entire health information record in the possession of the Board licensee will be provided to the patient. This includes records from other healthcare providers. Information which may be withheld includes:
    (a) Information which was obtained from someone other than a healthcare provider under a promise of confidentiality and access to the information would likely reveal the source of the information.

    (b) Psychotherapy notes.

    (c) Information compiled in reasonable anticipation of, or for use in, a civil, criminal, or administrative action or proceeding; and

    (d) Other reasons specified by federal regulation.
    (4) A reasonable cost may be imposed for the costs incurred in complying with the patient’s request for health information. These costs may include:
    (a) No more than $ 30 for copying 10 or fewer pages of written material and no more than 50 cents per page for pages 11 through 50, and no more than 25 cents for each additional page.

    (b) A bonus charge of $5 if the request for records is processed and the records are mailed by first class mail to the requester within seven business days after the date of the request.

    (c) Postage costs to mail copies of the requested records.

    (d) Actual costs of preparing an explanation or summary of the health information, if such information is requested by the patient

    (e) Actual costs of reproducing films, x-rays, or other reports maintained in a non written form.
    (5) A patient may not be denied summaries or copies of his/her medical records because of inability to pay.

    (6) Requests for medical records shall be complied with within a reasonable amount of time not to exceed thirty (30) days from the receipt of the request.

    (7) Violation of this rule may be cause for disciplinary action under ORS 677.190.

    What cause of action do you imagine you would have against a doctor's office for acting on the basis of information it received, presumably information indicating that you're a drug abuser and/or drug seeking. How do you imagine that the doctor's office would be able to verify the report - hire a private investigator to follow you and conduct surveillance?



    If somebody defamed you, you have a potential action against that person for defamation.
  • 04-25-2010, 04:44 PM
    CPR101
    Re: Intentional Lies That Affect Permanant Medical Record
    Thank you Mr. Knowitall,


    I appreciate the verbiage on my rights to medical records.. Thank you very much.

    I believe it would be simple for a Dr. Offfice to determine if allegations were correct. (Seriously??) They could simply state that they suspect me of something that they do not condone (sorry for the wrong word here, but you get what I mean) and that for them to continue providing health care for me, I would need to come in for some tests to continue any further treatment. This is then my choice to either agree to the tests or change doctors..

    Changing doctor offices would do me no good, however if something has been wrecklessly added to my health record w/o verification. I would be happy to take any type of test necessary (hair folicle test even) because I'm cleaner than an operating room. But giving someone else the power to affect my health record in this way is simply unethical.

    How could this be different than firing an employee based on rhumors or allegations of illicit behaviors??
  • 04-25-2010, 05:02 PM
    cbg
    Re: Intentional Lies That Affect Permanant Medical Record
    Of course, you know that firing an employee based on rumors or allegations of illicit behavior is completely legal, right?
  • 04-25-2010, 07:42 PM
    Mr. Knowitall
    Re: Intentional Lies That Affect Permanant Medical Record
    Quote:

    Quoting CPR101
    View Post
    \They could simply state that they suspect me of something that they do not condone (sorry for the wrong word here, but you get what I mean) and that for them to continue providing health care for me, I would need to come in for some tests to continue any further treatment.

    If you're taking the drugs they prescribe, you're going to test positive for those drugs.
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