Obtaining medical records

[Michele693]

I am having problems even under the Freedom of Info. Act obtaining medical records.  While I know it is a hard ship for my dr. to go to his archives to pull my info. it could be deadly for me. I had 2 deadly reactions to some shots he gave me, I wanted to get the names of the medication so I can be sure to never get them again.  I wrote my insurance companies but no one has responded yet. I am trying to track down a specific date via the insurance co. Everyone must think I am sueing them because no one is responding all I want is the name of the drug!!!! Where should I file to get this? I think there is some medical review board? Dept. of Licensing? Anyone?

[Michele693]

Thanks....but it was more than a year ago...the records have been stored off site. I imagine they will say they had a flood or fire next! I am going to file with some board.

[frustrated01]

The HIPAA law is federal, your physician has to supply you with your medical records. In the last year if you have been treated for anything relating to medicine and your privacy, including filling a prescription, you have signed a statement that you have read the information the physicians' office provides. I would go by the office and pick up a copy of this small pamphlet, or your can look up HIPAA online. Good Luck!

[caregiver222]

What you need to serve on this clown is what is called a subpoena duces tecum, which is a legal "order to produce documents." These are not hard to write pro se (by yourself), but if you have no experience in the legal system get a rate from several attorneys to do this. Ask them upfront for a rate.  Then you will have to pay a process server. You cannot serve this yourself. You must do this with every legal entity from which you desire records. There may be a copying charge. In the case of x-rays, I often find it convenient to simply ask them "if I could look", and then take them under my arm and walk out of the hospital. If you have a relative who is "made", like Tony Soprano,  there are other alternatives.