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  1. #1
    Join Date
    Oct 2018
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    4

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

    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

  2. #2
    Join Date
    Jan 2006
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    38,867

    Default Re: "Lost X-Rays"

    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

  3. #3
    Join Date
    May 2014
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    209

    Default Re: "Lost X-Rays"

    Quote Quoting jk
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    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.

  4. #4
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    Jan 2006
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    Default Re: "Lost X-Rays"

    Quote Quoting Guybrush
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    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.

  5. #5
    Join Date
    Oct 2018
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    4

    Default Re: "Lost X-Rays"

    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.

    Quote Quoting jk
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    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.

  6. #6
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    Feb 2014
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    Default Re: "Lost X-Rays"

    They use digital media. The days of the film x-rays are long-gone.
    Don't make me quote Monty Python at you.

  7. #7
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    Default Re: "Lost X-Rays"

    Quote Quoting BooRennie
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    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.
    Quote Quoting ranie
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    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.

  8. #8
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    Feb 2014
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    Default Re: "Lost X-Rays"

    Quote Quoting jk
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    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.
    Don't make me quote Monty Python at you.

  9. #9
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    Jun 2014
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    3,144

    Default Re: "Lost X-Rays"

    Why can't you use a copy of the radiology report ? If the xray is not digital. You can see the x-ray. But I doubt they will give you the only film they have. If they do and it is damaged or lost. There are no copies.

  10. #10
    Join Date
    Sep 2005
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    Default Re: What Are Your Rights if a Medical Practice Loses Your X-Rays

    Quote Quoting ranie
    View Post
    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.
    You do have the legal right to see your medical record and obtain copies (subject to a possible copying charge). But that doesn't appear to be in dispute. The records "aren't yours" in the sense that they belong to the medical practice, but you still have rights to review and obtain copies (and you would own the copies.)

    What appears to have happened is that due to a bureaucratic mistake or loss of data, the practice cannot locate your X-rays. While it may be possible to commence a legal action demanding their production, the law only requires that doctors produce what is in their records, not what should be in their records, and the practice cannot be ordered to produce records that it does not have or that do not exist. There may be grounds for a licensing complaint against the practice.

    It may also turn out that your records exist elsewhere. For example, if your surgery occurred in a separate facility (e.g., a hospital where your doctor has admission privileges) it may turn out that the hospital has a copy of your X-ray in its own records from the procedure.

    Quote Quoting ranie
    View Post
    It's a "smaller" doctors office so I'm not sure if they are digital or actual prints.
    If your husband saw your X-ray on a computer screen, it's digital. If he saw what looks like a giant, old-style photo negative, then it was a print. Most practices are now digital, but you will occasionally see practices (esp. small, rural practices) that still use film.

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