an so they made me go thru a series of shots,that made me so sick, and now the doctor no longer is at the clinin and i had the test done over 3 times and have proof i dont have the disease, but im told i dont have the right to see my chart,unless i get permission from my insurance company,do i have a law suit?
2006-12-26 16:02:58 · 25 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
We don't know. You need to talk to your insurance company. They will decide if you have one.
2006-12-26 16:05:27 · answer #1 · answered by Justsyd 7 · 0⤊ 1⤋
You have a legal right to see your "medical records" and the doctor office has a certain amount of days to give them to you. 1) Put your request in writing for your medical records. 2) If they refuse, send them a certified letter requesting medical records and make sure they sent them or else 3) file an official complaint with the Department of Professional Regulation in your state "those who regulate doctor's license. Keep track of date, time, calls, and certified letters sent and file your complaint.
If you have a malpractice case, it doesn't matter if the doctor is not there or not. You are going after the clinic for negligently hiring him and after the doctor's insurance for insuring the doctor while being negligent but this is work for the attorney not you. Ask yourself these questions: How sick are you now due to the unnecessary shots the doctor gave you? Did the shots make you so sick to PERMANETLY ALTER your health and was it really severe? Did the fact that they told you that you had "XXXOOO Disease" and didn't - did it intensively increase your anxiety level so that you were not able to function properly? If any of these are so, then you may have a case. However, you need to keep in mind that you need a suficient amount of Damages that means injuries to your well-being in order to file malpractice. Malpractice has gotten very expensive. Contact a Plantiff Medical Malpractice attorney in your state and tell them what happened. They will make the determination if you have a case. In regards to the medical records, you could handle that yourself. I am not an attorney - just trying to help
2006-12-26 16:36:08 · answer #2 · answered by talefairy 2 · 0⤊ 0⤋
Did they hold you down and force you to receive the shots? Did you seek a second opinion regarding the disease that you swear you did not have, but allowed yourself to be treated for?
Oh, and you graduated from which medical school that would make you an expert at diagnostic test interpretation and pathophysiology?
Do you have a lawsuit, sure why not. If you find a lawyer who will take the case you can sue for anything in this country, but what you lack are permanent injury, long-term medical care related to the incident, and proof that it was done in a careless and/or malicious manner instead of a simple misdiagnosis based on the symptoms that presented at the time.
Oh, and you can see your medical record at anytime. Give notice to the clinic that you want to examine the file in their office, or request a full official copy (you may be charged a fee for the copy). You may be required to examine the chart in the presence of a member of the office staff, so you have to give them a reasonable amount of time to arrange this.
2006-12-26 22:41:23 · answer #3 · answered by Susie D 6 · 0⤊ 0⤋
This is a question for an attorney...and you might get one to consult with you for nothing. At a minimum, I would ask my attorney to write them a strongly worded letter asking them to explain why they have seized your medical record...which in most jurisdictions is considered your property.
The thing you need to think about now, is what it's all worth? Even if the shots were unnecessary, and even if they made you quite miserable at the time, if you are not permanently injured, this may not be worth taking to court. If you do go to court, be vary careful about the terms you accept from your own lawyer. Typically they will take some percentage of whatever you win, plus "expenses". Depending on how this calculation is done, you may spend a lot of your life for a while on a lawsuit, that at the end of the day doesn't yield very much for you.
If you have really suffered harm, you're entitled to reasonable compensation, but without more detailed knowlege of your case, any advice you get here will be guesswork.
2006-12-26 16:13:47 · answer #4 · answered by David G 5 · 0⤊ 0⤋
You have the right to see your chart.
You have the right to obtain a copy of your chart, although you will probably have to pay 75 cents or more per page.
You should have gotten a second opinion from another doctor if you disagreed with the diagnosis.
Your insurance company does not dictate your health or medical rights. It only dictates what it will and will not pay for. You are perfectly free to do whatever you want, despite what the insurance company says, IF you expect to pay the price in full with your own money.
At least that's the way it is in New York, USA.
If you want to try for a lawsuit, try to get audio recordings and paper copies of EVERYTHING possible, including phone conversations with your insurance company and the clinic receptionists.
2006-12-26 16:07:48 · answer #5 · answered by Anonymous · 0⤊ 1⤋
give the doc a break. Big deal, you had three needle pokes and were sick for a little while. Talk to the doctor personally. Because the doctor made a MINOR mistake, you want to sue him and take away his license so he gets fired? Just call him and tell him you want an apology. What if he told you that you didn't have the disease and you did? He was just being cautious.
2006-12-26 16:06:27 · answer #6 · answered by JIMMY j 5 · 2⤊ 1⤋
My advice: Is not legal advice, just personal advice (and I am not familiar with the law or medicine....just an average guy). Give it up. Thank God that someone found the real issue, that you weren't permanently hurt, and that you can move on in life. Doctors are people and make mistakes all the time....frequently. But, unless there was something seriously done wrong or neglected, then let it go and be thankful. Your life will be better off for it, both physically and mentally.
2006-12-26 16:05:59 · answer #7 · answered by twicewise 3 · 5⤊ 0⤋
THIS SOUND LIKE A LEGAL QUESTION BUT ANYWAY, LOOK YOUR INSURANCE COMPANY IS PAYING FOR THE SERFVICES U CLAIM U DONT NEED, CONTACT THEM AND THEY SHOULD HANDLE IT. U MAY HAVE TO GET ANOTHER DOCTOR IF THE INSURANCE COMPANY QUITS USING HIS SERVICES
2006-12-26 16:09:45 · answer #8 · answered by john t 4 · 0⤊ 0⤋
you don't have a right to see your own chart??? what freaking clinic are you going to?? i can get a copy of all of my medical records in a matter of minutes if i show up at the doctor's office to personally get them. you have a right to see what the doctor wrote in your records.
2006-12-26 16:38:54 · answer #9 · answered by Bella 5 · 0⤊ 0⤋
Ask to speak to a person in charge. you should have the right to review your record, they may require a staff member to be there with you but ask for a person in charge, see whats in the record, then go forward
2006-12-26 16:52:58 · answer #10 · answered by mizzmel 2 · 0⤊ 0⤋
u have the right to get your records at anytime all u have to do is sign a release form and they will give them to u!!! and yes u can Sui the doctor for this...
2006-12-26 16:10:11 · answer #11 · answered by bratt b 2 · 0⤊ 0⤋