I could make up new ones, but I think that's illegal

August 22, 2015 12:37 AM

My doctor lost my medical records. How do I proceed?

My old psychiatrist, who I saw for 10+ years, has my medical records which contain detailed information that my GP does not have in the same detail. However, I no longer see this psychiatrist and we have not spoken in a long time. I'm getting an important assessment done that requires all of my psychiatric and medical records. The last time I spoke to this psychiatrist about my records, she claimed they were "lost in her garage somewhere".

Assuming they are really lost in her garage somewhere, what are my options to get this information? It involves specific details and things dating back to when I was young that I wouldn't even be able to recall, but would be highly relevant to this assessment. She was frequently disorganized about my information, but over the years became even more forgetful. She is older and does not use a computer often, even for email. I doubt they exist in any electronic form.

I'm prepared to make due with what I have, but if there's any options I'm not thinking or, or people who have been in this situation, I'd appreciate ideas.

posted by anonymous to Health & Fitness (10 answers total)

Call the regulatory body for psychiatrists in your region and describe what has happened. Then ask them what to do. This may not be the first time they've dealt with this type of problem and they should be able to advise and help you. Also, this is not acceptable, and they need to have a heads up that your psychiatrist has 'lost' your medical records. That's a breach of professional standards, and they will want to know.
posted by hurdy gurdy girl at 12:45 AM on August 22, 2015 [11 favorites]

So she is saying they are in her garage but she can't be bothered to look for them? Which country are we talking about? I.e. whose property are these records?
posted by epo at 2:49 AM on August 22, 2015 [3 favorites]

Before you get too involved in making complaints, you might want to check out how long records are required to be stored. I know my clinic routinely, under the provisions of an approved records retention policy (we're an accredited mental health clinic whose polices are audited on a regular basis), destroys old records. I would be surprised if we had any records for clients we haven't seen in ten years. (edit.. doing a bit of googling indicates that, in most states (assuming you're in the us), the rentention expectations for adults is 10 years)
posted by HuronBob at 2:49 AM on August 22, 2015

and....on re-reading your question, I thought that it had been over ten years since you've seen her, that's not what you said... sorry, my answer above may not be relevant.
posted by HuronBob at 2:56 AM on August 22, 2015

Assuming you are in the US: Although HIPAA requires that your doctor provide you with your records in a timely fashion and for no more than a minimal fee, whether the records are required to exist or not depends on your state.

I recommend that you arm yourself with the legal requirements in your jurisdiction and then contact your former psychiatrist again. "Lost in my garage somewhere" sounds like code for "I don't want to bother looking," not "I have looked and cannot find them." The law is on your side (in most places) and I suspect that communicating that should be enough to push your former psychiatrist to do the necessary legwork.

Also, make sure you are advocating for yourself. This person is no longer your doctor but she still has a professional obligation to you. You aren't inconveniencing her or being rude or making unreasonable requests of an older woman. If you ask for your records and she says, "Oh fiddlesticks, I think they're lost in the garage somewhere," you have every right to say, "Those records are of great value to me and I need for you to go to the garage and find them. How long do you think that will take?"
posted by telegraph at 4:04 AM on August 22, 2015 [6 favorites]

If you are in the U.S., this has potential to be classified as a breach of HIPAA. Consider a lawyer's services as your next steps.
posted by oceanjesse at 7:19 AM on August 22, 2015 [3 favorites]

If you're in Canada, there are also laws about protecting your health care information and about how physicians store (and retrieve, and provide to you) your records. You can do a google search for your province + physician records to get an overview - and information about how to report a doctor who claims they can't give you your records because they're lost in a garage (which is ridiculous on every single level.) There's a bit of an overview of provincial regulations here.
posted by VioletU at 8:00 AM on August 22, 2015

Hi. I'm a database wonk, specializing in healthcare. This a major HIPAA violation with serious consequences. Contact a lawyer.
posted by mrdaneri at 10:32 AM on August 22, 2015 [4 favorites]

I'd first push back on this doctor and make her go look for the records. The phrase "lost in a garage" make me think that they still exist and she's just too lazy to find them. Tell her you need them and by what date, and keep bugging her until they're found.
posted by radioamy at 10:40 AM on August 22, 2015 [1 favorite]

!. Start by finding out what the legal requirements for record retentions are in your state.
2. Call the doctor again, explain that you really need the records, you realize that she may need you to make a written request and so you have put your request in writing in the mail to her today. (Do this even if it is past the deadline for retention - if it is in her garage, it might still be there). Tell her you are willing to pay a reasonable for duplication (assuming that this is part of the legal requirement anyway)
3. Send the letter, return receipt requested - this makes it look official from her point of view so that if the records exist she will see it as worth her while to find them and not run the risk of you complaining about her.
4. call her again 4-5 business days after she would have gotten your letter and ask when you can pick up your files.
If she is still saying she can't get them at that point, then consider what other option you have but I would push a bit on her directly to see if you can get what you need before you spend time and money trying to pursue other routes.
posted by metahawk at 11:48 AM on August 22, 2015 [1 favorite]