What Are Your Rights if a Medical Practice Loses Your X-Rays

[ranie]

My question involves malpractice in the state of: Kansas
I had foot surgery on my left foot on 10/4/2018. They took an X-Ray after the surgery showing I had 6 screws and wires, I was unable to view the x-rays and they were shown to my husband (doctor didn't want husband to see them honestly and barely let him glance at them), mind you before surgery I asked to see them or take a picture and was told it was "Illegal" for me to do so. Anyway today 10/8/18 I called to request a copy of my X-rays for my personal files and was transfered to Xray who said they had no record of me getting X-rays, then to medical records who said my xrays were "canceled" so they had no records of x-rays.. My question is what on earth do i do! Please help... I have no idea what to do or how to get the xrays. I have an appointment on 10/17/18 so I was going to ask my doctor about it but thought I'd post here for some possible suggestions. Thanks

[jk]

First, why do you need the x rays

second. Have your doctor take another one if you really feel you need one


of course that is if the original film doesn’t magically show up after another round of inquiries

[Guybrush]

First, why do you need the x rays

Doesn't really matter why she needs/wants the x-rays. She is entitled to them - they are hers. She paid for them, and it is her body. She is entitled to them by law.

To the op, you can file a complaint against the doctor. Normally the doctor does not take the xrays, usually it is the lab or hospital. You can request from the lab/hospital for a copy of all records/tests performed on you. If you find that either the doctor or hospital lied to you, you can file a complaint with the state medical board. If you feel it is more serious that that and may warrant a malpractice lawsuit, you should retain a lawyer.

[jk]

Doesn't really matter why she needs/wants the x-rays. She is entitled to them - they are hers. She paid for them, and it is her body. She is entitled to them by law.

To the op, you can file a complaint against the doctor. Normally the doctor does not take the xrays, usually it is the lab or hospital. You can request from the lab/hospital for a copy of all records/tests performed on you. If you find that either the doctor or hospital lied to you, you can file a complaint with the state medical board. If you feel it is more serious that that and may warrant a malpractice lawsuit, you should retain a lawyer.

actually they likely aren’t hers.

[ranie]

I don't "need" the X-rays but would like to have them for myself, no other reason needed I didn't think but maybe I'm wrong? I don't know if my doctor would order another x-ray if its not medically necessary.

actually they likely aren’t hers.

Honestly just curious as to why they likely aren't mine? Not meaning to sound rude or malicious I'm honestly just curious. This is the first time I've had X-rays done on anything except for say my teeth but I've been allowed to see/copy those.

[BooRennie]

They use digital media. The days of the film x-rays are long-gone.

[jk]

They use digital media. The days of the film x-rays are long-gone.

Not true. When my wife broke her leg a couple years ago I saw film x rays. Unless the X-ray is digital itself, it still produces a film x ray that is converted to a digital file. I’m not sure I’ve seen such an animal in my neighborhood. I’ve seen a mammogram where the machine produced true digital images but Haven’t seen a general use x ray machine that does.

I don't "need" the X-rays but would like to have them for myself

they aren’t yours because they aren’t selling you the X-ray. They are selling you the service of being xrayed and as such, the ownership of the film or file remains the property of the doctor. As part of your medical record you have the right to obtain a copy of them but the original belongs to the doctor.

[BooRennie]

Not true. When my wife broke her leg a couple years ago I saw film x rays. Unless the X-ray is digital itself, it still produces a film x ray that is converted to a digital file. I’m not sure I’ve seen such an animal in my neighborhood. I’ve seen a mammogram where the machine produced true digital images but Haven’t seen a general use x ray machine that does.

I work for a national hospital system. All of our diagnostic radiology studies are recorded digitally, not on physical film. Film readers are not used, even though there are a few still in our smaller hospitals in the system; but those are leftovers and not used now.

[jk]

I work for a national hospital system. All of our diagnostic radiology studies are recorded digitally, not on physical film. Film readers are not used, even though there are a few still in our smaller hospitals in the system; but those are leftovers and not used now.

Now that I’ve thought a bit more, I do recall the X-ray equipment in a hospital we built nearing 10 years ago does use digital equipment. I remember being amazed at the tech (I helped build the building). I still see film xrays used in other facilities though.

[flyingron]

I agree with Boo. Xrays have been digital for a long time. Further, if you were looking at it on a computer, or they had made an actual film (we were still doing that for some old coot radiologists at time, essentially, it was a computer printer that put it out in the old familiar form), you as the patient are certainly allowed to take a photo of it. It's odd, most radiology places will gladly hand you a digital copy. I've got a bunch of CDROMs lying around with pictures of my wife's broken wrist and my head (yeah, no jokes).

HIPAA (and even some of the laws before) require them to give you a copy with no more todo than perhaps a slight charge for the labor involved in making the copy.

As for the "lost" part, such isn't malpractice really. Back when I was writing the pioneering medical imaging software for the National Institutes of Health, the chances of not being able to find an archival film was something like one in four or worse. The computer archiving (PACS) systems greatly improved that, but it's still possible to lose things. They're likely still there, just indexed under information that won't let it be found. At worst all you get is a free repeat of the series.