Former MD medically abandoned, failed to provide continuity of care, & refused to assist me in obtaining an MD in spite of myriad & serious medical conditions. His discharge was sent by mail. I responded privately by registered mail. When the new MD requested medical records for the past 12 months my former MD sent only a copy of my private response to his medical abandonment. No records, office notes or results were shared in spite of HIPPA form in place. He did not share the letter he sent me. New MD discharged me after perusing my private response. No medical records were sent. Former MD blacklisted me by sharing my private letter. Now no MD will see me. Can my former MD be made to stop blacklisting me by sharing my private communication when only my medical records are requested?The former MD has clout, much more money and resources than I, and certainly more education. His letter clearly indicates medical abandonment which of course seriously jeopardizes my health, tenuous at best. If the former MD is allowed to continue to share only my response to his letter of abandonment, and refuses to provide my medical records, no MD will see me. I am effectively blacklisted and my health continues to rapidly decline due to his refusal to provide the medical records requested via the standardized HIPPA request for release of same to another medical entity...is there no way to prevent him from doing such an unconscionable thing each time a new MD will request my records?
Thank you for your inquiry. You should immediately file an Administrative Complaint with the Florida Department of Health. The forms are available on the DOH's website. Good luck.
In most (if not all) states, patients have a right to a copy of their medical records, at the very least. Rather than have your new PCP request them, it may be better for YOU to request and obtain a copy of your medical records. This should address your concerns about being blacklisted. Also, you can call the medical board in your state if you feel you cannot reason with him. For legal advice, please consult with a lawyer in your area.
I agree your former doctor made a mistake by not sending complete copies of your medical records with your new physician--a mistake that should be reported to the Board of Medicine via their complaint process. I write only to explain that almost every physician (and quite likely the Board of Medicine) would have included your "private" letter responding to your dismissal as a patient as part of your medical record in his office. Patients' medical records typically include telephone message slips and correspondence to and from the patient, so your "private" letter will not be excluded from records being sent to a new physician by your old physician, unless you obtain the records yourself and remove the letter. Physicians typically do not charge to send records to another physician, but they often charge patients for the records (which is permitted under Florida law).
My answers to questions are for general educational purposes only and do not establish an attorney-client relationship.
You have a right to a copy of your medical records. If the doctor will not provide them to you, you should sue just to get the records. You have no damages, and attorney's fees are not recoverable from the doctor, so you will be paying your own attorney's fee. You could also complain to the Department of Medicine.
Your former MD cannot be made to stop from black-listing you. You have no claim as long as your former doctor makes no (untrue) statements about you.
This is a summary based on incomplete facts. You should not rely on it as legal advise. No attorney-client relationship is intended to be formed.
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