So much pain still.. lost faith in ER's, DRs and my surgeon

newyorkbitch
on 4/30/11 9:39 am
Call his office and tell him he is in violation of HIPAA and that you will call the state dept of health if you do not receive complete copies of your records.  It is the law.

Then call the LEGAL DEPARTMENT of the hospital and tell them you want your records by the end of the week and that they are required by law (HIPAA) to provide them.

You should go see a gastroenterologist.


(deactivated member)
on 5/1/11 6:24 am
Unless the laws are different from state to state, the doctor doesn't have to release the records to her.  The records may be about her, but they belong to him.  I used to work at a mental health facility, and we never released records to the patients...ever.
newyorkbitch
on 5/1/11 8:44 am
HIPAA is federal law.

  • HIPAA gives you the right to see your medical records in your doctors' offices.
  • HIPAA not only allows your doctor to give a copy of your medical records directly to you, it requires it.
    • In most cases, the copy must be provided to you within 30 days. That time frame can be extended another 30 days, but it's required that you be given a reason for the delay.

Jennifer D.
on 4/30/11 11:25 am, edited 4/30/11 11:29 am
When this happened to me I went to the advocate / complaint department at the hospital and my referring doctor and insurance requested the papers as well. I hope you get what you need soon!

Just wanted to add that when I had gall bladder symptoms they actually felt like a heart attack so pain in arms, shoulders, upper chest, also they came and went.
                                      Jennifer
          Thank you Cheri and Holly!
       Think twice, cut once! I've had 3 surgeries now, RNY, VSG and DS .
                                Ask me about the DS or visit dsfacts.com
2002 - RNY
2010 - RNY to VSG
2011 - Full DS-August 24th
                HW 311   SW 306  CW 235  GW 150
MsBatt
on 4/30/11 1:21 pm
Just in case you ever need to know this---you can access ALL your previous posts (or anyone else's, for that matter) by clicking on "Latest Posts" below your avatar.
KimberlyHeidi
on 5/1/11 2:05 pm - VA
 Thank you. I am not quite sure how I missed that one lol
newyorkbitch
on 5/1/11 9:17 am, edited 5/1/11 9:20 am

Under HIPAA, 

Health Insurers and Providers who are covered entities must comply with your right to: 

  • Ask to see and get a copy of your health records
Here you can read about how to file a complaint - not giving you your records is breaking the law. 

http://www.hhs.gov/ocr/privacy/hipaa/complaints/index.html
(deactivated member)
on 4/30/11 8:21 am
Can you contact another DS surgeon and tell him you want a second opinion?
KimberlyHeidi
on 4/30/11 8:26 am - VA
 My PCP wants me to see the bariatric surgeons at the hospital he is affiliated with but they do not do the DS nor do they accept self pay patients. Once my PCP gets the surgery reports he is going to try and send them over with all my issues and everything else and see if anyone can do anything.

My surgeon was the closest one who does the DS and very highly regarded. He is about 2 1/2 hours away depeding on traffic. 

My PCP has been amazing, but admits its not his specialty and therefore has sent me to numerous other specialists. I just went to see someone for my anal issues yesterday and they did finally diagnose me with fissures. 
Emily F.
on 4/30/11 8:32 am
Tell me if I'm wrong, but can't you go to an ER with a bariatric surgeon, they have to see you?? Wouldn't your insurance cover emergency?
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