I need ya'll advice/opinion on this.

My sister was just dx with cancer of the uterus by her gyn/ob dr. She was sent to Oshners in New Orleans and they are doing a complete hysterectomy on her on Fri the 17th.

Oshners called to get her records from her Dr that takes care of her diabetes and general stuff.

The dr refused to give them her records and refused to sign a paper saying her diabetes is under control and she is clear for surgery.

They told him that if they do not get these records/papers they can't do surgery. He said oh well she owes us money and I am not releasing anything.

She owes them a thousand dollars due to "his" office saying some bloodwork was covered and it really wasn't.

Needless to say she called me freaking and I went and paid the 300 he wanted and then after that they still said no unless she signed an agreement to pay 75 a month so I am picking up her bill so she can get her records.

They are also refusing to refill any of her medicine because of this. Admittly they had her over a barrel because she needs that paper work for surgery.

Can they legally do this???

Can they hold your records from a hospital when it is a life threating like this, over money?

I would do anything to help her money is just money her life is worth more then all the money in the world.

I just want to scream how can they do this???

Contact a medical malpracice atty first thing in the morning and ask what is the best way to proceed.

Any action taken by a physician that knowingly endangers the well being of a patient is unethical and can be considered to be malpractice. How that is prosecuted differs from state to state.

They suck!

I don't know the rules.. but I did think of something that might help?

Call the Governor's office and explain the situation to them.

They SHOULD be able to do something.. or put you through to someone who can.

They kinda HAVE to act on a request.

It might be a dead end.. but chances are they MAY be able to help?

Wish I had more help for you.

Please let us know if you get them.

Heaven forbid anyone else be in this situation.. so any help you can share here may help others in the future.

I would also contact the social worker at the hospital and see what they advise.

Hope that helps!

Please wish your sister well from all of us.

And thanks to you.. she WILL get help.

This is what medicine has come to in this country! It is SAD!!!

I agree that it varies from state to state whether or not you are "entitled" to your medical records, but in MOST states you are entitled.

However, Louisana is under Napoleonic Law and has some loopholes.

You wrote: "She owes them a thousand dollars due to "his" office saying some bloodwork was covered and it really wasn't."

For $25 go to a malpractice attorney and get a consultation or better yet the consultation may be free. If the MD ordered lab and told her it was covered and then tried to make her pay when it wasn't that is their problem.

I think she should get legal counsel about whether or not she can be forced to pay under those circumstances. Doctors offices KNOW what labs are covered and what labs are not. They know because THEY don't want to get stuck with the bill.

To withhold her records from another doctor of another discipline who is attempting to do surgery and with a conditon such as diabetes which can compromise the patient's surgery and recovery I think is illegal.

Don't pay them another dime until you have consulted an attorney.

My two cents.

Best of Health,

Maggie, you are right we have that Napoleonic Law, that is about right Louisiana can't do nothing like the rest of the country.

I wish my sister was up so I could talk to her, guess it is best she is getting some rest finally. It has been a roller coaster these last few days.

I will call the state legislators office and check the medical records access law and see what they say.

I know I already paid them, but I can't get my sisters voice out of my head when she called me crying and she couldn't even talk she was so upset. Saying she was going to die because they would have to cancell the surgery.

I thought it was more bad news about the cancer and it was this about the records.

I just don't understand how a dr could do this to any patient. YOu know I am saying Dr but it is his "office".

I told her she needs to talk to him and not the staff when she sees him tomorrow and see if he even knows what his staff is telling people.

My body is so tired but my mind won't shut off, I keep thinking of all the stuff I need to do to help her. AAGGG I hate it when I can't sleep.

Under HIPAA federal law the records belong to the patient and your sister has a legal right to obtain them for a nominal fee for copying purposes.

The doctor's privacy policies should inform you of appropriate agencies you can contact if you feel that the Doctor is not upholding your privacy rights including your right to obtain your medical records.

I believe the US Dept. of Health & Human Services enforces HIPA.

The HIPAA forms you sign at a doctor's office are about 3 - 4 pages long.
Jan

Edited to correct spelling.

My husband just dictated that to me as he was walking out the door.

He works at a non-profit blood donation center & the majority of employees have the responsibility to uphold US Federal Laws for the Center.

That's really all I know.

The Office Staff is the doctor-----the way I see it.

I would certainly call Louisiana's Health and Human Services office and have them DO something about this.

Yes, the HIPA makes these records HER property and they are holding them (her records) hostage...

As I see it they are breaking the law, and doing so, big-time!!! Also, I would certainly call LA's Attorney General's office for the doctor's office is breaking the law.

I know that you've already been given some good advice, but, rather than just "pay" off her bill, I spend that money on a retainer for an attorney. Boy, this sucks and with you having so much already on your plate, my heart really goes out to you and all your family...a family in crisis.

Please let us know how things go and if there is anything that we can do to support you through this.

I live in Canada, so never experienced this as we are covered.

Sound like a bunch of criminals.

Hope you get this straighted out so she can get it done.

My sister is begging me not to do anything.

Her husband (only been married 1 1/2 years) and his entire family go to this dr and
they (herself included) don't want to upset him. Heaven forbid he should stop treating them!!!!!!

MY BLOOD IS BOILING! I am so ready to have duck for dinner and she won't let me near him!

I had an appt for an thyroid u/s today at a hospital and I asked the lady I checked in with. She said even if you owe money they can not hold your records. He could refuse to see her and sign the release but not hold her records.

I have to honor my sister right now, the jerk put her on zoloft because she is so upset, well hell what does he think!

Anyway she has what she needs and will have the surgery.

In her state of mind right now I don't think she could handle it if I went after her dr. She would have to do going after, I could just help her with what to do.

It will kill me to pay that bill but it is only money. Her life is worth more then just a thousand dollars to me.

Nice to know the dr is willing to "lose" a patient over a thousand. Boy wouldn't he love to see some of Dominic's medical bills!! There he would flip!