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NQ explained *****NOTHING***** He said:



Name ONE of those places that is a health care provider, and why? SURE they may request, consume, save such reports, but do any directly create them? NOPE! SURE, they may all have first aid, one would hope anyway, but do they necessarily have any real doctors? NOPE!



Did you ask him WHY? The psychiatrist has TWO jobs! 1. Diagnose the patient. 2. Try to treat the patient(which often requires telling him/her what he/she has and why). It seems to me like he really doesn't want to do his whole job. One has to wonder WHY he doesn't. If he never let you know any of the info, you wouldn't even have to pay him. After all, you could tell anyone on the street the information for free![/quote]



EXACTLY!

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Even if you WERE before a court, a doctor trying to hide such information would likely not let you see them, and probably not even write such information. Psychiatrists would HAVE to write notes! HECK, nearly every example of a session includes that. A food you ingest, hatred, ideal, friend, problem you have could ALL have something to do with your problem. That IS why they are there. Others have to cover their rears for malpractice. ONE WORD out of place could damage a case.

Go see another professional to whom your records will have to be send. Then ask that professional to give you a copy.

Wouldn't that work?

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Last edited by Mw99 on 03 Feb 2009, 8:25 pm, edited 1 time in total.

You just say to them:
"Well, make time to put it in writing".
You shouldn't let people push you around. Be determined and those records will be yours. Always.

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Last edited by Mw99 on 03 Feb 2009, 8:28 pm, edited 1 time in total.

OH, they are five years old. That DOES open up a can of worms, and suspicions. They aren't necessarily valid anymore anyway. YEAH, I WOULD be wondering. I don't think you would have a case, unless you earlier tried to get it and didn't get it.

Lawyers try to ALWAYS break the law, bend rules, use innuendo, confuse, etc... to get paid by the client. Anyone wanting to dispute that is welcome to, but I have plenty of experience to the contrary. So you CAN'T use arguments like statute of limitations, or "laughed out of court". ALSO, some limitations start from DISCOVERY! In such a case, a delay of 15 years might STILL be within the statute!

They may simply not want any copy that has a tie to them, as it would help such a case. At this point, they probably have no reason to, etc... BTW a lot of record laws require storing records that are dormant for as little as 3 years. I'm not sure about psychiatric records, but you may be lucky he even still has them.

Thanks, Oddduck, you answered a lot of my questions.

And MW99, this caregiver has no right to deny you your records. If he's part of a clinic, then who's head of this clinic? If they accept insurance, they have to abide by HIPAA, and provide you a copy, even though you may have to pay for copying (it's $25 at my clinic).

You HCP is full of crap and trying to cover her backend. A lawyer will usually provide a one hour free consult to see if one has a case, and will actually give advice. Most states have some kind of free legal group-see if your state does, and take advantage of it. It may take a couple of days, or maybe more, but hang in there.

As an older person, it's handier to have my records to show future HCP than to trust to electronic transfer. Every time I have requested faxing my records, it either gets lost in the ether or is only partly faxed. This is the other reason to have your records. It's easier to make sure whoever needs it, has it.

Don't get discouraged. This is frustrating, but hang in there. You can get your records with the right help, and probably without paying any money except for copying.

Metta.

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Last edited by Mw99 on 03 Feb 2009, 8:28 pm, edited 1 time in total.

I guess we can close this and most of the other threads: 2ukenkerl has absolutely ALL the f ckin' answers and everyone else is a flippin' idiot.

Seriously, dude; find a new target. I'm getting sick and tired of being yours. If you got issues with me then call me and we can talk about it. Or don't you have the balls?

661-337-0362

So are you saying that he worked for an employer of yours, or a school you were at? If so, and you didn't pay him, etc..., I guess it COULD be argued that HIPPA doesn't apply.

As for your question about impunity, the US legal system just STINKS! It is basically used NOT to provide justice, but to make lawyers money. It is like on Liar/Liar where the little boy tells his teacher that his father is a liar for a job. She says OH, you mean "LAWYER", and the boy shrugs and says "If you say so...". He makes a wish that forces his father to tell the truth, and his father almost loses the case. His client ends up winning because she committed FRAUD!! !! !! They figure that she could marry and sue her husband, because of the fraud, but that the fraud meant she was a minor and thus the prenuptual contract was invalid! So SHE made money, and her husband LOST, because SHE committed FRAUD! Such things really DO happen! You would think that failure to enter into a contract(prenup) would mean there was a failure to enter into a contract(marriage), and that she would not be able to marry. One COULD argue common law, but I imagine you could argue against THAT also, especially since she WAS a minor at the time.

And the lawyers call it the BAR, but it really IS simply a UNION! The judges ALSO have to belong, and they often look down on people that are pro per. Court documents even spell out if you are pro per. AND, of course, the lawyers must belong. Though you CAN act in your own defense, that is pro per, and thus often subject to harsher treatment.

Anyway, you win by hoping the other side has fewer things they can twist in their favor and/or your side can twist things better, or defend against THEIR twisting. It often comes down to who has the most money and the best lawyer. The defense in the liar/liar case SHOULD have at least argued that the prenuptual contract was the basis for the agreement to marry and thus should be valid, or that she breached any contract, including marriage, as she committed adultery. Still, they just capitulated.

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Last edited by Mw99 on 03 Feb 2009, 8:28 pm, edited 1 time in total.

Under UK law he would not be allowed to do this. They are however allowed to charge a small fee for adminstration, costs but it can't exceed a certain amount.

You best bet is to get a phycholgist that has a disclosure agreement and get the records forwarded.

OK, did I say such things to YOU? NOPE, I DIDN'T say I have all the "f ckin' answers" I'm surprised you or laborojo even leave out letters in such words. And you really shouldn't give out so much info. That is just helpful advice, I have no hidden agenda in it. YEAH, I KNOW, you gave out far more earlier. I never knew ANYONE to do that before. Anyway, calling you wouldn't accomplish anything for either side, so I just won't bother. It has NOTHING to do with any lack of fortitude.

I HAVE admitted that I am basically addicted to this site. Every once and a while I learn something, etc.... Sorry if that bothers you. Are you a lawyer that my statement insulted? It was my understanding that MW99 paid for it, or had some kind of insurance, or government payment. Having one done by an employer or a school might be perfunctory anyway.

MW99,

Why do you want the records anyway? Some new problems may have shown up, some things related to the old diagnosis may have changed, etc... Maybe it would be better to just go to another doctor, tell them about this information, and have them determine if it is valid and possibly diagnose you themselves.

Yeah, I know where you're coming from. I am pretty sure I went thru this same thing as a kid. I do think they had a point, tho. I was so psychologically damaged, any kind of label would have probably made it worse and that's what everyone was trying to keep from happening. I had a bad case of PTSD, it's a long, complicated, story, and whenever people talked about my medical stuff it stressed me out so much and made me much worse. My symptoms became worse.
What I criticise my mom for is her failure to acknowledge my serious problems and they were pretty serious. If you only knew what my childhood was like. It was unusual, my circumstances, to say the very least. Or type the very least, in this case.
So, maybe your doc is looking out for your best interest, I don't know.
Then again, we aren't eight year olds anymore. Aren't we mature enough to look at our own records? I don't think seeing my records nowadays would harm me, not like they would have when I was in school.
If we are mature enough to look at our records and discuss them with doctors, why can't we have copies of them?