Make sure you trust your surgeon!

The hospital where I first had my surgery is saying they have NO record of my initial VBG... it happened in 1998. The doctor's office ( he is still in business) says they don't have anything either. The rep for the doctor says that they are not required to keep any records that are more than 5 years old. Funny, because me and my NEW surgeon could have swore it was 7 years. My new surgeon ( performing revision to rny) is baffled and says my records should be kept for at LEAST 7 years. Aetna says the same thing.. they want those records. My info was submitted and I was told today that they are going to give it to medical review to try and get an approval. In the back of my mind, I am thinking if the previous doctor ( who is an absolute joke) failed to keep up with the records he had for me, Aetna can not deny me based on his poor record keeping... In the mean time, what actions can I take against the doctor for not keeping records properly. And if I failed to have my surgery based on this.. can he be held liable? Casey

The normal time is 7 years. That's usually the statute of limitations for contract lawsuits. If they made a mistake you may be able to hold them liable but that depends on your state law, and then you'd have to prove damages. Can you backtrack the records? Maybe go through the insurance company you had at the time and see what they have, sometimes they have more then you think. Check your state's law for keeping medical records, and hipaa. They may just think you'll go away if they say they're gone. Try your old insurance also. Gary

It's good to know that they can trash your records in 7 years. If I ever get my surgery I might just ask for copies of my medical records so I have them down the road. Donna