Question:
My previous doctor does not approve of surgery and does not want to release history.

Can she hold my history. I know longer go to this doctor because I moved about 5 hours away. I called her today to get a letter showing that she has supervised and that I have failed several treatment options. I'm very disappointed in her. She had previously wrote my insurance company to get them to pay for Zenical, Phentermine, and other diets. I would gain/loose/gain. She is not willing to write a letter recommending, and she is giving me trouble just with the history side. I dont want to hurt my case to the insurance company because this doctor doesnt like the surgery. Any suggestions?    — Swttweeti (posted on November 19, 2002)

November 19, 2002
Your new doctor or surgeon can request your records (you'll have to sign a release) and then it's not optional. She can give you a hard time OR charge you a ridculous amount in copying fees, but they send records to other doctors.
   — vitalady

November 19, 2002
By law your doctor can not keep your actual records from you though I have found and heard that some doctors will try to make you believe that. EVERYTHING in your file is yours! Notes and all. They may not give you the originals but they must give you copies. Try calling the receptionist and tell her that you have moved and need a copy of everything in your file. It may not be speedy but it is your right to have these things. If you can go in person you can tell them to have it ready at a certain time on a certain date and you will pick it up. That would be much quicker I bet.
   — Carol S.

November 19, 2002
Both posters are correct. If the doctor continues to delay or give you a diffcult time report her to the medical board. Those files belong to you. Remember doctors are not gods, they work for us. God Bless.
   — Cheryl S.

November 19, 2002
I would march my butt into the office and demand my file and threaten that if I don't get it, I'm going to the medical review board. That usually jump starts physicians into overdrive...oftentimes their malpractice insurance rates are tied directly to complaints made about them...be it for refusal to give up records (what are you hiding from me, doc?) or actual medical screw ups...the insurance companies that underwrite their malpractice insurance does not differentiate between the two. But, that's what I would do...and then after your surgery...and you've lost a bunch of weight, I'd stop by for a *chat* with this doctor...(see, you could have been part of making me healthy). But then again, I have a sneaky suspicion that many doctors prefer to see us MO...they lose money when we get healthy...just my opionion. Have a Sparkling Day!! ~CAE~
   — Mustang

November 19, 2002
You can retain a professional copy service who will go into the doctor's office with their own copy equipment and copy your entire chart. The nice part about this, is that everything gets copied including the doctor's notes. You are not at the mercy of someone else picking and choosing what they think you should have. Records belong to you and they cannot withhold them. They can charge you though. Going to the medical board will get you nowhere in this case. It is not malpractice. It is a legal issue if they refuse a subpoena for the records. Like I said, try a professional service.
   — Sue A.