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  1. #1

    Default Rights to Doctors Comments, Notes, Reports or Directives

    My question involves court procedures for the state of: Washington

    It "indirectly" involves children (not sure if that's a difference maker?) but the question regards "MY" rights in obtaining sufficient documentation / reports / notes etc. of doctors when I am either named "by name" or referenced to a situation...

    My question is, -- Do I have rights to that "specific" information in a doctors file as it pertains to "me" and me only?

    Thx, in advance.

  2. #2
    Join Date
    Jul 2010
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    7,672

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

    Are you referring to notes a doctor takes during the course of treatment? What do you mean pertains to you? Things like a patient saying "designit is a dork" or "I'm afraid of designit?" Generally the answer is going to be no, you have no right to that material. It is protected by doctor-patient confidentiality. Just because you come up in the conversation does not waive privilege and I'd be willing to bet the patient won't waive it either.

  3. #3

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

    Why you would you reference a patient saying things in that fashion is beyond me... -- I suppose you were kidding around but jesus christ man... Stop f'ing around with serious questions I have. (please) -- end of rant.

    So I can go to a doctor, I can lie through my teeth, the doctor can recommend that I take action in the form of "contempt of court" -- And be free from all responsibility through the court because slander / defamation is protected by doctor-patient confidentiality and there is no chance for discovery?

    Is that right? -- I can do that? I can lie my ass off to a doctor and have him back the action I want to take (even if illegal) and have it stand up in court because I say the doctor agreed?

  4. #4
    Join Date
    Jul 2010
    Posts
    7,672

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

    You didn't say what was said and those are some things that someone might say that might get someone riled up. Perhaps I should have said "Designit's crap smells like roses."

    If the doctor knows for a fact that you are lying and suggests a course of action, that might be actionable but without the full facts it's going to be hard for anyone here to say. You need to consult a local lawyer. There are very limited circumstances where the material might be subject to subpoena but it would take an experienced attorney to get it done.

  5. #5

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

    Quote Quoting free9man
    View Post
    "Designit's crap smells like roses."
    That's more like it... (so does your's I suppose)

    Anyhoo...

    That's the problem... Neither the doctor nor the person who lies, to support the actions they intend, have the truth on their side...

    I do... And I have not spoken... Yet the slander is in my name...

    So I am not entitled to this slanderous information? People can just go around taking legal action in my name (as a cause) and I can't do anything about it, because a freggin doctor is the gatekeeper? -- Yes I know I can defend myself but I will require the doctors notes! and place him on the stand if req'd.... But you say I am not entitled to that information that is in direct conflict with what doctors write "in support of" (contempt of court) -- yet have never met me?

    Boulderdash!... Please explain this error in the law (as you appear to suggest).

  6. #6
    Join Date
    Oct 2006
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    supratentorial region
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    818

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

    You are not in possession of the medical record, so you really have no idea what is documented or what the Doctor recommended.

    You are not entitled to a copy of someone else's PHI, nor can the Physician release it to you. Period.

  7. #7

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

    Quote Quoting lealea1005
    View Post
    You are not in possession of the medical record, so you really have no idea what is documented or what the Doctor recommended.
    Oh lealea... Why would you assume such things? (no surprise however)... Yes, I am in possession of the "medical record"... Just not the part about the doctor being in favor of the actions that have placed the other party in contempt. (so say's the one 'in' contempt)

    I told you I am named 'by name' in these "medical record" reports and I am here to tell you that any information talked about between those two parties, is 100% false... So how do I defend myself against this...

    Or are you one to favor telling a lie long enough, that it becomes the truth? -- I don't subscribe to that line of thinking.

  8. #8
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

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

    What exactly is your problem here?

    You don't have to subscribe to anything at all - but that won't change the LAW.

    And seriously - knock off your attitude. For real.

    (The word you're looking for is "balderdash", incidentally. Sorry your spell-checker didn't catch that...)

  9. #9
    Join Date
    May 2011
    Posts
    638

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

    OK, it appears to me that you are very angry about something that's happening, and that you've written all of this while angry. Please don't take that anger out on people here who are trying to get enough information to help you?

    Yes, you can subpoena medical records if they are relevant to your case and you need them to make your case. It especially sounds to me as if it's possible that what you need isn't actually a medical record? Everything that's in a doctor's file may not be an actual medical record and may not be covered by HIPAA or your state laws. From what you've said, I can't tell if they are medical records, or legal advice given by a doctor.

    Just because you subpoena them doesn't mean you'll get them. You probably have to convince the judge to view them in camera and rule as to whether they are admissible.

    I'd subpoena the records, let the opposition object, have a hearing on the matter before the judge and ask her to view them in camera and rule on whether they are admissible. There's a very real possibility that they are.

  10. #10
    Join Date
    Oct 2006
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    supratentorial region
    Posts
    818

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

    Everything that's in a doctor's file may not be an actual medical record and may not be covered by HIPAA or your state laws.
    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.

    Quote by OP:
    Yes, I am in possession of the "medical record"... Just not the part about the doctor being in favor of the actions that have placed the other party in contempt. (so say's the one 'in' contempt)
    If it's not documented, then you have no proof anything was recommended.

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