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  1. #1
    Join Date
    Apr 2011
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    27

    Default Denied Access to Medical Records, Ordered to Leave the Office

    My question involves medical malpractice in the state of: Rhode Island

    because of insurance i had to switch pain management clinics about 7 months ago. at old clinic i used to get 1 injection into my L5 to help my extruded fragment dissolve.

    when i go to this clinic i guess they pretended to listen to me and said they was going to split my shot in two and give me a more accurate shot from the side with two shots. i assumed it was two shots in the same disc like one above the fragment and one below it.

    a few months ago i found out from my primary that they wasn't getting any reports. so next visit at clinic i asked what was going on and found out they was sending my reports to "the other doctor" and had paperwork in my folder from the other doctor and i asked them to remove the paper work from the other doctor and send reports to my primary. so on the 3rd at my appointment i questioned them about my shots because come to find out they injected me in discs i never wanted injections including my L3 and MRI says it's a perfectly normal disc and they was like w/e we the professionals. as they was flipping through my records i seen papers with letter head from "the other doctor" and asked why was they in the folder i never authorized either party to exchange records and she told me there was no records from the other doctor and i said yes let me see the folder i will show you i seen them and she told me i could not look and kicked me out. so this morning in accordance to RIGL 5-37-22.d (http://webserver.rilin.state.ri.us/S...37/5-37-22.HTM) i hand delivered a letter saying i wish to envoke my right to access records so i can examine for accuracy and completeness, denying a summary, and requesting any records that was denied to me be sent to my primary in accordance to RIGL 5-37-22.d and they refused me without reason and told me to leave or they was calling the cops which to i replied that i cannot leave without a reason for being denied. so they called the cops i explained what was going on and i was issued a no trespass. this morning i plan on calling the DOH who handles this law and file a complaint.

    do you guys think i have a malpractice suit?

  2. #2
    Join Date
    Apr 2009
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    Somewhere near Canada
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    35,894

    Default Re: Reports Sent to Wrong Doctor, Injections in Wrong Dics, and Refuse to Let Me Exam

    Post hx, folks.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  3. #3
    Join Date
    Apr 2011
    Posts
    27

    Default Re: Reports Sent to Wrong Doctor, Injections in Wrong Dics, and Refuse to Let Me Exam

    Quote Quoting Dogmatique
    View Post
    Post hx, folks.
    whats that supposed to mean bud?

  4. #4
    Join Date
    Apr 2009
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    Somewhere near Canada
    Posts
    35,894

    Default Re: Reports Sent to Wrong Doctor, Injections in Wrong Dics, and Refuse to Let Me Exam

    Post history. As in, "Contributors may want to check the poster's past posting history".

    Not Bud.
    Not Budweiser.
    Not Budd Dwyer (you'll probably need to Google that one)
    Not Bud Abbot (I hope you don't have to Google THIS guy)

    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  5. #5
    Join Date
    Jul 2010
    Posts
    7,858

    Default Re: Reports Sent to Wrong Doctor, Injections in Wrong Dics, and Refuse to Let Me Exam

    Quote Quoting Dogmatique
    View Post
    Post history. As in, "Contributors may want to check the poster's past posting history".

    Not Bud.
    Not Budweiser.
    Not Budd Dwyer (you'll probably need to Google that one)
    Not Bud Abbot (I hope you don't have to Google THIS guy)

    Hey Abbot!!!!!!!!!!!

  6. #6
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Reports Sent to Wrong Doctor, Injections in Wrong Dics, and Refuse to Let Me Exam

    Hey, Costello!
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  7. #7
    Join Date
    Jul 2010
    Posts
    7,858

    Default Re: Reports Sent to Wrong Doctor, Injections in Wrong Dics, and Refuse to Let Me Exam

    Who's on first?

  8. #8
    Join Date
    Sep 2005
    Location
    Behind a Desk
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    98,846

    Default Re: Denied Access to Medical Records, Ordered to Leave the Office

    You apparently created a disturbance the day before and were instructed to leave the premises. Whether or not you were instructed to never return to the premises is something you would have to tell us.

    You went back to the office the next day with a letter and were again instructed to leave the premises. Your refused. They said they would call the police. The police came out and you were issued a "no trespass warning" based upon your failure to leave their property.

    Meanwhile you gave them a notice under this provision:
    Quote Quoting Rhode Island General Laws 5-37-22, Disclosures. Subsection (d)
    (d) Every physician or medical practice group shall, upon written request of any patient (or his or her authorized representative as defined in 5-37.3-3(1)) who has received health care services from the physician or medical practice group, at the option of the physician or medical practice group either permit the patient (or his or her authorized representative) to examine and copy the patient's confidential health care information, or provide the patient (or his or her authorized representative) a summary of that information. If the physician or medical practice group decides to provide a summary and the patient is not satisfied with a summary, then the patient may request, and the physician or medical practice group shall provide, a copy of the entire record. At the time of the examination, copying or provision of summary information, the physician or medical practice group shall be reimbursed for reasonable expenses (as defined by the director pursuant to 23-1-48) in connection with copying this information. If, in the professional judgment of the treating physician, it would be injurious to the mental or physical health of the patient to disclose certain confidential health care information to the patient, the physician or medical practice group shall not be required to disclose or provide a summary of that information to the patient, but shall upon written request of the patient (or his or her authorized representative) disclose that information to another physician or medical practice group designated by the patient.
    Nothing in that provision says "They must drop everything they are doing, and prepare a summary or provide access to the patient's entire file the instant they get this notice."

    Nothing in that statute or a violation thereof would support any form of malpractice claim, even if the office were to violate the statute.

  9. #9
    Join Date
    Apr 2011
    Posts
    27

    Default Re: Denied Access to Medical Records, Ordered to Leave the Office

    i did not cause a scene the night before unless you consider me asking about my file and procedures done to me at my schedule follow up visit causing a scene.

    first line

    (d) Every physician or medical practice group shall, upon written request of any patient

    his options refer to

    to examine and copy the patient's confidential health care information, or provide the patient (or his or her authorized representative) a summary of that information.


    which i already denied the summary in my motion so there only option if denying me is

    but shall upon written request of the patient (or his or her authorized representative) disclose that information to another physician or medical practice group designated by the patient.

    which i did request in writing and the only thing i said when they asked me to leave is that i only want a reason for my denial in accordance the law must upon receiving written request tell me why i am being denied my right to access medical files and if they was going to call the police to please notify them that i would also like to file a report to get this on the record.

    - - - Updated - - -

    here is the letter i wrote to them and its not like i they have to drop everything just hand over the folder in back room and let me read it


    motion to access

    i name,dob,ssi on this 4th day of october in the year of 2012. do humbly request from ###### pain clinic to invoke my right to access medical records in accordance with rhode island general law. so i may examine them for accuracy and completeness in case i have to amend said records and possibly add some footnotes. i would also like to deny any request by ###### pain clinic to provide me with a summary report as i do not find it satisfactory. i would also like to request #### pain clinic to immediately fax all records they deny me to see to my primary doctor #####. if not i request a copy of my records today

    sincerely #######

    - - - Updated - - -

    http://hpi.georgetown.edu/privacy/stateguides/ri/ri.pdf

    from page 15

    does it mean anything?

    Rhode Island Law
    Under Rhode Island law, if your doctor denies your request for your medical record,
    you can request that they furnish your record to another physician of your choice. Your
    request must be in writing. The request should plainly state that you are asking your
    provider to furnish your record to another physician of your choice under Rhode Island
    law. Upon receiving such a written request, your doctor must furnish your record to the
    physician that you have chosen.

    - - - Updated - - -

    section c in same law refers to a time frame for that statue and motion to amend allows up to 60 days with a 30 extension if asked of me in writing

    (c) When a patient requests, in writing, that his or her medical records be transferred to another physician or medical practice group, the original physician or medical practice group shall promptly honor the request. The physician or medical practice group shall be reimbursed for reasonable expenses (as defined by the director pursuant to 23-1-48) incurred in connection with copying the medical records.

    - - - Updated - - -

    and this morning i emailed them asking to amend my records


    Motion to Amend


    i ####### , #######, ####### on this 5th day of October, in the year of 2012, do respectfully ask
    pain clinic to grant my right to amend medical records. i request to have everything in regards
    to "the other doctor"
    stricken from the record. based on the facts that there was no authorization from me to either party to
    exchange this information also it caused pain clinic to illegally send no less then 3 and no more
    then 5 progress reports to "the other doctor" instead of my primary doctor ##########. You may reply to me at
    ######@#######.com or certified mail to my address on record.

    thank You for Your time

    sincerely
    #################


    CC:#####@########.com

    - - - Updated - - -

    and no Sir i was never asked not to return i was told i can leave after they gave me a urine and said that i was all set i could go that they wasn't prescribing anything for me and i asked not even a detox dose and the clerk replied nope that i was free to go and i left and immediately went down the road to the emergency room

  10. #10
    Join Date
    Sep 2011
    Location
    OH10
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    17,019

    Default Re: Denied Access to Medical Records, Ordered to Leave the Office

    Definitely not the sharpest crayon in the box. The statute, as you were advised, does not mean they must drop everything and immediately cater to you. You will likely find no clinic will work with you after this aberrant behavior.

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