Therapist refusing to give me a copy of my medical record

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Latest post 02-15-2013 3:08 AM by SunnyArizonan. 22 replies.
  • 02-06-2013 2:44 AM

    Therapist refusing to give me a copy of my medical record

    I had been seeing a therapist due to my dad got killed in an accident. When I got pregnant I continued to see the therapist.  Then she showed me photos of her own kids explaining that one of her kids had died in an accident like my dad etc. She then emailed me photos of a crib and other things she had bought for my baby and that she would bring them to my home. I replied to her no thank you.

    I got admitted to the hospital the day after my due date and in less than an hour she had found out I was at the hospital and started calling the nurses saying I did not want my baby. Nurses told me she would not stop calling so I got stress and a c-section. She got angry she was not invited to the birth and called CPS and they talked to me.

    When I got home she had been in my apartment without my permission to set up her baby items.   Now she will not give me a copy of my medical records. She emailed me she will only fwd them to another provider but I have none.  How do I find out how she found out I was at the hospital?  The staff at the hospital told me they did not call her.  How do I get a copy and can I sue her for going into my apartment and giving me stress at the hospital?

  • 02-06-2013 6:43 AM In reply to

    Re: Therapist refusing to give me a copy of my medical record

    Well, hopefully you baby is doing just fine.

    If you want to sue anyone, you can do that.  However, is there any real damage here.  It's very difficult to believe what you say here in this post, but stranger things have happened.

    What you are saying is, your therapist not figured out what hospital you were having your baby at, told anyone who would listen you didn't want the baby, and that went to your house and set up a baby room for you?

    Is that about right?

    I don't know what you would be sueing for, but certainly, find a new therapist, have your records transferred there.  Your story sounds bizarre.

     

  • 02-06-2013 6:56 AM In reply to

    Re: Therapist refusing to give me a copy of my medical recor...

    I was supposed to have a normal birth but ended up with a c-section due to high blood pressure because she would not stop calling the nurses while I was in labor and the nurses kept nagging me telling me I did not want my baby etc. because that is what the therapist kept telling them.  So now I have a big keloid scar that I will have to pay for to have removed.  I get sad when I think about the birth it was one of the saddest and most stressful days because of what she did to me.  She could have told the nurses to talk to me after the birth but instead she did it while I was giving birth.  But I think mother's will only be able to understand.

    I still have the email from the therapist where she shows pictures of the baby items so I can prove it.  And I have the name of the head nurse who told me the therapist kept calling them.  Yes I would like to know how my therapist found out I was at the hospital when no one called her to tell her.  If she is not hiding anything I am not sure why she will not give me my record.  Will a new therapist show me the records if they get transferred there or at least answer my questions?  I don't think she should continue working as a therapist because she does more harm than good.

  • 02-06-2013 7:29 AM In reply to

    Re: Therapist refusing to give me a copy of my medical record

    How did she gain entrance into your home?

    I'm not sure what you are asking for ( "Medical records")  will get you the information you think may be there.  "Medical records' would not necessarily include her notes or work product.

  • 02-06-2013 7:59 AM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 49,150

    Re: Therapist refusing to give me a copy of my medical record

    You are probably entitled to a COPY of your records , there may be a modest cost, upon WRITTEN request for same --thats the required step, I think --IF the therapist is one that falls withing the description of the law---

    I'm not sure what your point is --but follow the rles to get your records and if the therapist fails to provide them --whynot go after her professional license.

    I think some of her conduct at least as your describe it, it way out of line but I'm not sure what legal lines in the sand it crosses.

    Your therapists discussions with hospital staff about your childbearing issues w/o your consent if thats what it was , might be actionable items as to her professional license and professional conduct  --but don't hold your breath about any license agency taking up the issues.



  • 02-06-2013 8:57 AM In reply to

    Re: Therapist refusing to give me a copy of my medical recor...

    My boyfriend was in my apartment to feed my cat while I was at the hospital and he let her in.  But he is not on the lease and I never gave her permission to enter my home.  She could have visited me at the hospital or called me before entering my home but she didn't.  I had told her I did not want her stuff but still I got it.  She had told him to just tell me that he bought the items from a second hand store but I never believed it so after two months he finally broke down and said I was right and that she had been in my home with the items.

    I then emailed her for a medical record but she did not answer.

  • 02-06-2013 9:04 AM In reply to

    Re: Therapist refusing to give me a copy of my medical recor...

    So the boyfriend let her in?  And she set up a baby room for you?  The boyfriend didn't maybe notice this happening?

    You want to sue her for being invited into you home and setting up a baby room?

    You emailed her for your medical record, and did not get an answer?  I think you might consider calling on a phone.  I realize everyone in this day and age thinks they can just text someone and get a response, but it doesn't always work like that.  You should call, give her your new therapist's name, and have whatever records sent.

    I'm unclear why you think these medical records are so important?  But regardless, that's an easy answer for you.

    If you don't want your boyfriend letting people in your apartment, I'd say, take that up with him.  Or don't let him stay there.  I don't really know your entire story, and I don't think I want to, but it sounds like alot of this was brought on by yourself.

    I wish you the best of luck and I hope you new baby is doing well!

     

  • 02-06-2013 9:06 AM In reply to

    Re: Therapist refusing to give me a copy of my medical recor...

    I kept calling the office where she is renting space and they would have her contact me but I never heard from her, I've been to her office but the secretaries did not know what to do, I emailed the doctor where she is renting space and the doctor replied to me to keep contacting the therapist.  So one day that I emailed my therapist she replied to me that she would send a copy to another provider, so I replied I do not have one so please send one to me and then I have not heard back.  So she has not given me a reason why I cannot get a copy.  I have complained to Arizona Board of Behavioral Health Examiners but they told me she is not licensed so they could not help.  She is a PsyNP so I don't know where to complain other than maybe to the place where I started seeing her.  I would like to get the report so I can read at what time she realized that she needed to call CPS because before I gave birth she was never worried about me at all, it was not until she found out she couldn't be at the birth.

  • 02-06-2013 9:10 AM In reply to

    Re: Therapist refusing to give me a copy of my medical recor...

    To Superman:  I don't know why a man would rather let a stranger into a home to accept free items instead of buying some himself, do you?  If someone enters your apartment without your permission e.g. your dentist or your doctor make sure you feel fine about it.  It almost sounds like you're a therapist yourself, or why are you even answering to my post when you don't have anything to say that can actually help... just wondering...

  • 02-06-2013 9:17 AM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 49,150

    Re: Therapist refusing to give me a copy of my medical recor...

    If your BF invited her in--she broke no law...

    If the law requires a WRITTEN request for records a mere email request may not cut it --Me I'd send it twice -  reqular mail PLUS certified RR

    If she is not a licensed provider than she might not be under the umbrella to comply  --BTW who is paying for this service  especially if she is not a licensed provider?

    Calling CPS is a total different can of worms --and in some states there is supposedly true anonymity to do so--and none in other states ---And in my state you'd need a roadmap to sort out the various confidentiality requirements vs the duty to report issues--no clue about your state.



  • 02-06-2013 9:22 AM In reply to

    Re: Therapist refusing to give me a copy of my medical recor...

    You posted here asking a question right?

    Now you are asking me why I'm answering your post?

    Your boyfriend let the person inside?  If you don't want any person entering your home, then the boyfriend is your issue.

    He obviously was staying at your home.  

    If unhappy with who he invites in, you don't have him stay with you.  I don't see much of a legal case here.

    Then again, I'm not a lawyer.  However, your story seems to be falling apart in my opinion.

    I would agree, the entire story sounds pretty bizarre.  But if I were you, I'd just move on.

    And if you don't like my responses, feel free to ignore them.  Or don't post here, because anyone might just come along and post something you don't happen to like reading.

     

     

  • 02-06-2013 9:26 AM In reply to

    Re: Therapist refusing to give me a copy of my medical recor...

    Yes she might not have broken a law but I thought I paid $125 each time to see her (I don't have medical insurance) for her to help me and not make things worse and when I said no thanks to her items then I meant it.  She knew I had no problem buying all those things myself, so why would I need her items?  It's not my fault she bought them I never asked her to and my bf never asked her to buy them or to bring them but I guess when she was outside the apt it was hard for him not to say no and maybe she said she had talked to me I dunno.  To me a therapist is someone I go and talk to and then I leave... I don't see a therapist as a friend or someone who should enter my house etc.  But I guess that's pretty normal and not a big deal here.  I should have given her my PO box and not my real address then, I was just too naive.

  • 02-06-2013 9:33 AM In reply to

    Re: Therapist refusing to give me a copy of my medical recor...

    Superman:  I posted a question to get help... have you helped me?  I asked how do I get a copy of my record and can I sue her... did you answer those questions?  If I wanted to move on don't you think I would have by now?  To say that my story is falling apart is typical for someone to say that don't have anything better to say.  I'm sorry if I offended you as "superman" by saying that men don't buy baby items but it was the case here so if you don't like it it's not my problem.  If you want me to ignore your posts maybe it would be much easier for you to just not post here and go "help" someone else, as you said you're not an attorney.

  • 02-06-2013 9:47 AM In reply to

    Re: Therapist refusing to give me a copy of my medical recor...

    I already said, sure sue whoever you want to.  Pull together your money, dial the phone, and hire a lawyer.

    You are NOT likely to find a lawyer here for your area chasing you down.

    If no lawyer wants your case, you probably do not have a case.

    That's just life as I know it.

    I'm not offended.  I was just giving you some thoughts.

    and again, hopefully the new baby is doing fine.  Maybe don't let the boyfriend answer the door, get a new therapist, and all will move on forward in your life well.

     

     

  • 02-06-2013 10:05 AM In reply to

    Re: Therapist refusing to give me a copy of my medical recor...

    SunnyArizonan:
    So one day that I emailed my therapist she replied to me that she would send a copy to another provider, so I replied I do not have one so please send one to me and then I have not heard back.  So she has not given me a reason why I cannot get a copy.

    In general patients are legally entitled to a copy of their medical records.  However, when it comes to records related to mental health treatment both state law and HIPAA treats them slightly differently.  The therapist is not required to provide complete copies of mental health records to the patient directly but to another provider. Find another therapist, sign a HIPAA release on their letterhead and have it sent requesting the records be sent to the new provider.  If she still doesn't comply then you can file a complaint with the state board of medicine.

    SunnyArizonan:
    I would like to get the report so I can read at what time she realized that she needed to call CPS

    You will not be provided this information by her, a new therapist, or the state.  It is protected information under state law.  Mandatory reporters (which health care workers are) are protected as is anyone who makes a complaint of possible abuse to CPS.  The details are confidential and sealed.

    SunnyArizonan:
    I have complained to Arizona Board of Behavioral Health Examiners but they told me she is not licensed so they could not help.  She is a PsyNP so I don't know where to complain other than maybe to the place where I started seeing her. 

    Since she is a nurse you can file a complaint with the State Nursing Board that licenses nurses.  I would also file a formal complaint with the supervising physician she works for.  Clearly she has boundary issues and exceeded them.   Because your boyfriend had your permission to manage your apartment in your absence and granted her access there likely is no basis for a trespassing complaint.  It sounds like you definitely need a new therapist based on what you posted here.  If it were me I would cease contact with her, find a new one, and move on. 

    SunnyArizonan:
    I asked how do I get a copy of my record and can I sue her... did you answer those questions? 
     

    I answered how you get copies earlier in this post.  Based on what you posted here I do not see any legal facts to support a lawsuit as you have no tangible damages for her conduct.  Consult local counsel if you have other facts that might support a case.

    "That's just my opinion, then again I might be wrong."  Dennis Miller

     

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