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  1. #11
    Join Date
    May 2011
    Posts
    638

    Default Re: Rights to Doctors Comments, Notes, Reports or Directives

    Quote Quoting lealea1005
    View Post
    Everything contained in a patient's "chart" is considered part of their medical record/PHI and covered by HIPAA. They cannot be released without the specific written permission of the patient or, as you stated, by subpeona.
    Not everything. A doctor or hospital can't put otherwise damning evidence to avoid a malpractice suit in a patient's file to avoid discovery. A doctor can't put his personal porn mag in there to keep it private. It's up to a judge to decide if it's covered by HIPAA, and even if it is, if it should be released. HIPAA does specifically allow a judge to release patient information if it's deemed necessary for trial.

    (My wife has a master's degree in health care risk management and deals with this all the time for a large hospital. All requests for discovery including for depositions and documents and admissions land on her desk. If in doubt, she is the one who personally consults with the hospital's law firm.)

    Quote by OP:
    If it's not documented, then you have no proof anything was recommended.
    I agree. If it's not a written record, you might have to depose the Dr., who will refuse to answer claiming HIPAA or other state law or both, and then you'd have to file a motion to compel and hope for the best.

  2. #12

    Default Re: Rights to Doctors Comments, Notes, Reports or Directives

    Quote Quoting Dogmatique
    View Post
    What exactly is your problem here?
    read my initial question (for starters), straight up and stop thinking about it too much. "for real"

    And seriously - knock off your attitude. For real.
    1. Am I really supposed to listen to you? -- I will do no such thing... You don't make sense.
    2. you freaking live in CANADA (must be a reason for it?)
    3. Do you have anything to add to the thread? -- really?
    4. YOU -- drag the forum down. (with replies you spew 'here')

  3. #13
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Rights to Doctors Comments, Notes, Reports or Directives

    Quote Quoting designit
    View Post
    read my initial question (for starters), straight up and stop thinking about it too much. "for real"



    1. Am I really supposed to listen to you? -- I will do no such thing... You don't make sense.
    2. you freaking live in CANADA (must be a reason for it?)
    3. Do you have anything to add to the thread? -- really?
    4. YOU -- drag the forum down. (with replies you spew 'here')


    Problem with comprehension?

    I don't live in Canada.

    And I'm sure admin will let me know if I drag the forum down, pumpkin.

  4. #14

    Default Re: Rights to Doctors Comments, Notes, Reports or Directives

    Quote Quoting cmre3456
    View Post
    I agree. If it's not a written record, you might have to depose the Dr., who will refuse to answer claiming HIPAA or other state law or both, and then you'd have to file a motion to compel and hope for the best.
    Thank you... Yes, I may have to do that but it means I will need to initate action the action & spend $$ to do it (yes?).. I have talked with this doctor on the phone (and in person) and based on the questions I ask directly... he "IS" very nervous and tells me he wants no part of court (about 3 or 4 times)... WHY?.. -- because he thought "I" was out of the picture! and 2. is in cahoots with another side using "ME" as a scapegoat! and I will have none of this crap anymore...

    So that's the only way to get him to talk?... Sue him? -- or what?.. I can't have people going around taking legal action against "OTHERS" (that would directly impact me) -- and doing it in MY name... (because an idiot phyc. doctor says so or agrees with the 'intent' of others.. and they've never met me)

    But thanks anyway!... Insightful...

    well you're somewhere near Canada...

    Close enough

    [QUOTE=Dogmatique;566656] _____ QUOTE]

    ^^ did you hear that? -- You're close enough...

  5. #15
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Rights to Doctors Comments, Notes, Reports or Directives

    Doctors don't like to get involved in court actions because it's unpleasant and wastes their time.

    If you're not going to be more clear about the issues, and for that matter tone down your anger by a few notches, I'm not sure what we can do for you.

  6. #16
    Join Date
    May 2011
    Posts
    638

    Default Re: Rights to Doctors Comments, Notes, Reports or Directives

    Quote Quoting Mr. Knowitall
    View Post
    Doctors don't like to get involved in court actions because it's unpleasant and wastes their time.

    If you're not going to be more clear about the issues, and for that matter tone down your anger by a few notches, I'm not sure what we can do for you.
    You're very diplomatic.

    Just for me, I still don't know what the real issue is, and I don't even know if she's a plaintiff or defendant or just a bystander who's upset about something. I don't even know if there's an actual court case "yet."

    I'm finished with this. I decided a long time ago not to accept abuse, and that's what I'm seeing.

    My apologies Dogmatique. You don't deserve that.

    God Bless.

  7. #17
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Rights to Doctors Comments, Notes, Reports or Directives

    (Thank you)

    The irony here is that I'm actually located in WA state.

    I'm more familiar than the OP with how things go on both a State and local level. But, there we go.

  8. #18
    Join Date
    Jul 2010
    Posts
    7,672

    Default Re: Rights to Doctors Comments, Notes, Reports or Directives

    OP, the only way you have a snowball's chance in you-know-where of getting access to what you think you are entitled to is to initiate legal action. With a lawyer representing you. EOS.

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