Fighting For My Medical Records

Last week I had to contact the surgeon who removed the tumor because the tumor has returned.  I found out that this surgeon is no longer at the office.  I was never notified that the doctor was leaving her practice.  I was given a number of her answering service and told that my message would be passed on.

The next day I called again and was more specific about the urgency of receiving a return call.  I was immediately connected to the doctor.  She seemed rather cavalier to learn about the tumor.  She conceded, "It certainly sounds like it's back."  This doctor referred me to another surgeon and said she'd be glad to release my records to him.

I called the office again and asked for my medical records.  The person I spoke with said that the doctor had taken all of her records, and the doctor would only release them to another doctor.  I said that was illegal.  I could hear a sigh from the other person, and she said, "You will have to take that up with the doctor."

I cringed.  Why is this doctor not willing to give her patients their medical records?  With all my encounters with doctors regarding my boys' autism, I have never been denied medical records.

I read the state medical board website which confirmed that this surgeon could not withhold my medical records, especially since this was a case of "continuity of care".  I studied and memorized several phrases from the website.  I sent an email using several of these phrases and formally requested my records in writing.

The next morning I called the answering service.  I emphasized to the person taking my message to include "illegal to keep my medical records".  The call ended, and I was closing my flip phone when it started ringing.  The surgeon herself was on the phone.

I explained I wanted my medical records, and she could not withhold from me legally, especially under the "continuity of care".  She gave me several reasons why she wouldn't release my records.  This surgeon obviously doesn't know me.  I am not going to take no for an answer.

The first excuse was, "I'm treating all my patients the same..."  I cut her off.  I didn't care.  I repeated, "It's illegal for you to withhold my medical records."  She was willing to release my records to another surgeon or primary care physician.  For every excuse or reason, I simply repeated the mantra "It's illegal."  She finally agreed to fax them to me.

The next day she called me to say that she couldn't release my records without a written consent.  I told her about the email.  She looked and verified that she had it.  Within two hours, my fax happily printed out my medical records.

I remain suspicious as to why she didn't want to release them.  I read them and found nothing weird or unknown.  I am disappointed that I had to spend the time and energy fighting this battle to get my records.  This doctor stole time and energy that I could have spent with my boys.  This doc will never understand the impact of her actions.