Off topic, but need your help

[LizaLou1]

Dear Soc,

A couple of years ago I had a biopsy done.  I NOW really need the pathology report from his files. I called his office and was told I could not have it unless the Doctor approved it's release.

1.  Is this not my record?  Why do I need his permission for my record?

2.  Are they blowing smoke, or can he deny me the pathology report?

3.  They said it would be a couple of weeks before I'd get an answer.  I don't have a couple of weeks.  Why are they making this so hard?

Thanks in advance.

LizaLou

[socrateaser]

>1.  Is this not my record?  Why do I need his permission for
>my record?

No, it's not your record. It's your doctor's record of your medical history. So, you need his permission, unless there's a State law that mandates that he give it to you. Many states have such a law, but your doctor can still charge you a retrieval fee.

>
>2.  Are they blowing smoke, or can he deny me the pathology
>report?

They won't deny it, but doctor's always are curious as to why a patient wants to see the record, because it usually means "malpractice action" contemplated.

>
>3.  They said it would be a couple of weeks before I'd get an
>answer.  I don't have a couple of weeks.  Why are they making
>this so hard?

I don't know. You're not telling me all the facts, however, if you believe that the record is necessary to you protecting your legal rights and/or your health, and you further believe that the doctor may be about to alter or dispose of important evidence, then you can petition the court to allow you to subpoena the records beforce commencement of a legal action and restrain the doctor from taking any action that might spoil the evidence. This is called preservation of evidence prior to suit.

[LizaLou1]

Dear Soc,

A couple of years ago I had a biopsy done.  I NOW really need the pathology report from his files. I called his office and was told I could not have it unless the Doctor approved it's release.

1.  Is this not my record?  Why do I need his permission for my record?

2.  Are they blowing smoke, or can he deny me the pathology report?

3.  They said it would be a couple of weeks before I'd get an answer.  I don't have a couple of weeks.  Why are they making this so hard?

Thanks in advance.

LizaLou

[socrateaser]

>1.  Is this not my record?  Why do I need his permission for
>my record?

No, it's not your record. It's your doctor's record of your medical history. So, you need his permission, unless there's a State law that mandates that he give it to you. Many states have such a law, but your doctor can still charge you a retrieval fee.

>
>2.  Are they blowing smoke, or can he deny me the pathology
>report?

They won't deny it, but doctor's always are curious as to why a patient wants to see the record, because it usually means "malpractice action" contemplated.

>
>3.  They said it would be a couple of weeks before I'd get an
>answer.  I don't have a couple of weeks.  Why are they making
>this so hard?

I don't know. You're not telling me all the facts, however, if you believe that the record is necessary to you protecting your legal rights and/or your health, and you further believe that the doctor may be about to alter or dispose of important evidence, then you can petition the court to allow you to subpoena the records beforce commencement of a legal action and restrain the doctor from taking any action that might spoil the evidence. This is called preservation of evidence prior to suit.

[LizaLou1]

Thanks for the info about record owership.  Knowing that brings a better understanding of thier position.   Also, I'm a bit more rational today.  I caught off guard by the entire situation.  Believe me the word cancer and weeks of delay don't go together.  

I guess I was also naive because I expected thier coopertion when I used the big "C" word.  I couldn't understand why they refused to give me a copy after they just read it to me over phone.  Some days I'm more dense than others.

Thanks again.  I'm now returning to my state of denial.

LizaLou