Question:
Has anyone had a doc refuse to verify giving them phen/fen?

My previos diet doc - Richard Powell, in Redding, CA will not verify that I was giving phen/fen. I need this to give to the insurance company for roux-en-y approval. I requested my records last April. They came, sans any medications information. I asked for a letter confirming the dates I was a patient, how much weight I lost and what meds I took. They sent me one - without the medications info! They even recommended bypass surgery for me. The office also told me my records had been destroyed. I had to fax them mine in order to get the letter. What do y'all make of this?    — jnc (posted on January 21, 2003)

January 21, 2003
I don't know, my only guess would be that since there was a big phen/fen lawsuit, doctors are trying not to give out any documentation that they were at all involved. If the letter addresses the weight loss attempts and makes a recommendation - that would probably cover your for insurance purposes - no?
   — w8free

January 21, 2003
You may have already thought of this, but... you can go to the pharmacy where you had the prescriptions filled and get the copies of the precriptions you hd filled for fen phen. Good Luck Cathy Whitmer
   — [Deactivated Member]

January 21, 2003
Umm...If you can get some dates when you took the meds, well i'm just grasping here but would that Dr. maybe back date or make an ammended (sp) report, with the info you need??? I know in Ohio they have 30 days to respond to you with your medical records...ALL of them. Hope that helps. Hugs
   — luckyflowers

January 21, 2003
I would definitely go to the pharmacy where you had the prescriptions filled (they will show the doctor's name on them also). Did they mention the phen/fen in the letter at all?
   — Anna L.

January 21, 2003
The Medical files are yours and he had no right to shred them. I would document the fact that they admitted that your records had been destroyed then gather the proof that they did prescribe the meds and absence of them in your medical record. I would then file a complaint with the medical board in your area. The fact that they would destroy any medical record puts their morals, ethics, and professionalism in question. What would be next for them? "What?! That lady, I prescribed 500mg of pennicilin is alergic to it? Oh well.. to the SHREDDER!" Just my take on things. <p>Take Care, Be Well, and Be Happy!
   — John T.

January 21, 2003
It sounds like your doctor is afraid of lawsuits, but he is required by law to give you copies of your records. If for some reason he does not have the written records, he should provide you an affidavit stating the medications and dates, etc. My phen-fen doctor just asked what information I needed and he put it in writing. It was easier than them looking for records that were six or seven years old. Good luck to you.
   — Ginger N.

January 21, 2003
Go to your pharmacy and request copies of the receipts. Then send it to your insurance company. Make sure you keep copies of everything!
   — dolphins94

January 21, 2003
It is interesting that here in the chicago Suburbs there was a very large group practice that went out of business and no one took responsiblity for the records, they were not required to by law. One of the area hospitals took the records and has been holding them for patients that might need them. They were advertising at the beginning of the year that they were not going to continue storing them due to the cost and that any one who had records needed to get them or the would be destroyed. there is a time limit on reords having to be retained, many docs keep them forever & pass them on to whoever takes over their practice when they retire. did your Doc shred the records, or were they lost in another way. some have lost them due to fires, floods, etc. I thought that it was a good idea to go to the pharmacy, also if you had a prescription plan the insurance co. may have records they are not going to look up on their own, but might if you ask them.
   — **willow**

January 21, 2003
I have to disagree with a poster. The doctor can destroy your medical records. Once your chart becomes in active for over an extended length of time, here in Pennsylvania I believe its 6 or 7 years, the records can be destroyed. I know it seems unfair, but it's the truth. Remember, you only have to keep your tax records for so long...
   — bevewy

January 21, 2003
True they don't have to hold on them indiffinitely, however, I do believe they must follow set protocol and not pick and chose particular items from a file to destroy. What rationale could they use to justify the destruction of the unfavorable parts of a patients record? "But your honor, we felt that it was financially reasonable to destroy those 2-3 pages from the patient's file in light of the enormous burden of maintaining them." Heck! I see a potential tummy tuck as an outcome of this doctor's coverup :) <p>Take Care, Be Well, and Be Happy!
   — John T.

January 21, 2003
well, there was a poster who said that the records belonged to the patient. unfortunately, he was incorrect, the physical records are considered the property of the doctor, HOWEVER, the information contained therein belongs to the patient. doctors have to make copies of that information available to their patients upon request. they are allowed to charge 'a reasonable fee for copying (which may NOT exceed $.75/page, and a patient's inability to pay that amount does NOT allow the doctor to withhold those records) that being said, the selective destruction of parts of an active chart is questionable, at the least. the poster who wondered if this was related to the Phen-fen class action suit was probably right, this doctor's actions make him appear guilty, morally if not legally. the pharmacy should have those records available, though, it's more than likely that you might have to threaten legal action to get it from them. did you have a prescription drug plan, at that time?? if so, that carrier has the information already. you should have more luck accessing the information from THEM.
   — tuxedoll

January 21, 2003
This is Renee again. Thanks for all of your input. The doctor dispensed the meds "in-house". They did provide me with what appears to be my records - there's just no record that I ever took phen/fen. As of late this afternoon - after posting initially - the office said that they would fax a list of meds that I took next week. We'll see.
   — jnc

January 21, 2003
I had a friend that worked for one of those rip off places..my opinion, sorry. They had all sorts of unscruplous <sp> goings on there. There was an instance of a Dr. not being licensed in the state/US (can't remember which) he was working under another Dr. They charge for x amount of pills and only Y # of pills are in a pack...the b-12 shots come pre-filled from the main office and who knows if they are "watered down" or not. I would try to take it to the medical board of your state. They have given you something that shows you were there. Why would you go to this place and not get the meds?? Perhaps someone on the medical board with a little common sence will recognize this and question it. Report it at least so the next person doesn't have to go thru this please!
   — Robin J.

January 21, 2003
Plain and simple: Report his butt to the medical review board. Give him as big a headache as he is giving you and send a copy of your complaint along with your info to the insurance company so that they are aware that he is being uncooperative~ Best of Luck
   — Tinca-Thais J.

January 21, 2003
Medical records are only required to be saved for a certain number of years after that if they have not been requested, the Dr. has every right to properly destroy them and open up space for newer records. (Usually 3 years) That's why when ever you change Dr.s you should request the records be forward to your next MD (pick them up & copy them if they let you so you have a set because once they go to the next Dr. they are their property-Feds, go figure)
   — Donna O.

January 25, 2003
I'm having the same problem with a DR in my area. He had me on the Phentermine diet, where his office gave you pre-filled bottles of the medicine. When I called and requested my records, they told me their office had a flood and my records must have been destroyed because they are unable to locate them. I would ask your DR to have them give you print outs or a detailed list of when you were there, what you were given, etc... They must keep some records in their computer! Unless, you had a DR like mine, who told me their office doesn't use computers! What a joke.. they had them when I was there! I'm having a problem too.. I was denied due to lack of Supervised diet info. Now I have a Teleconference appeal this week. Good luck!
   — Deena C.

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