Meds, Mind, Body & Benefits > Insurance, Benefits Programs & HIV

medical records patients rights.

(1/4) > >>

was wondering if a patient has the right to have a doctor exclude reports/test results from ones medical record.
i could probably google this but thought someone here would be able to spell it out in simple terms. (also kinda tired lately.)
wah, wah.


I'm not sure that you can "force" them too -- and I'm not sure that a doctor would even want to do so, from a legal point of view.
I'm sure there are others, Basquo perhaps, who will know better than I -- but I believe your medical record is actually "owned" by the clinician -- it's a record of the care he/she has provided.  That is why I think there might be a legal issue with removing something from it.


I don't know the laws/standards either.  I wouldn't think they could just trash something in your medical report.

I do remembering signing documents about what can be shared with others, and you could write in things you don't want shared.  For example, when another doc, government agency, lawyer, or even the person you have designated to have access to your medical records requests medical records.  I know HIV tests were on there, among other things.  Usually, they list various things that you check off as being allowed to share.

So, I know you can instruct certain things to not be shared, but wouldn't think they could just delete it totally.  Perhaps not sharing with others is what you meant by excluding, and didn't mean get rid of the info altogether. 

Thanks guys.
Here is a bit more backround...
I had a neuropsychological test done.
I kinda was pushing my ID doc for the referral due to cognitive/memory issues.
Had no idea how the test was "graded".
It turns out that it is graded on a bell curve.
If you fall below the bottom 16%, you are considered impaired.
So, if you test at 19% on a memory test, you are considered "normal" even though 5 years ago you might have tested at a 82% level.
The test was long and pretty silly IMO.

The other reason that I wanted the test was to help bolster my ssdi case.
Guess THAT was a bad idea.
It will do nothing but hurt my case.

A copy was sent to my ID doc.
THIS is the one that I would like to get removed. (not the original one with the neuropsychologist)

My Psychiatrist thought the test and related commentary was inaccurate and told me to ask my ID doc to remove it from my records.
I asked her if I could legally do that but I really didn't get a clear answer.
She KNOWS I am disabled and is 100% on my side.
Her report to ssdi was very strongly worded on my behalf.

I might have to hope that my ID doc will "lose" the report so I can pretend it never happened?

I'm sure I signed some sort of release papers. It's hard to avoid it and I really wasn't thinking about the possible outcome of the test at the time. My bad. :(

Yes, you would have had to of signed a HIPAA release form.


[0] Message Index

[#] Next page

Go to full version