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What is My Doctor Allowed to Do?

Megan Oltman
Megan Oltman
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Megan Oltman is living a purposeful life with Migraine, and helping others do the same.
Migraine Management Coach, Lawyer, Writer

Visit me at http://www.freemybrain.com I coach Migraine sufferers...

Megan Oltman

Tuesday, April 07, 2009
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We had several readers ask questions on the site recently about doctor conduct, and what their doctors are legally allowed to do. This is a wide ranging topic area and I won't try to cover all of it in this sharepost, but will dip into it to address these two questions. This sharepost is legal educat...
  1. Doctor consult to another
    SueLynn
    Thursday, April 09, 2009 at 04:25 AM

    I had to comment on this when I saw it as I've gone through this issue a few times. Let me start with the transfer of records. When a patient needs to have their records transferred to another doctor those records are technically the property of the patient, not the doctor once that signature has been put on the dotted line.

     

    On good authority (husband) HIPPA has strict confidential rules which doctor's must follow when they are discussing a case. Something else that is important to note, a medical doctor will not put his reputation on the line such as what you are stating and speak of a patient in the tone you've mentioned. It is not worth the time, finances, nor malpractice insurance rates of going up.

     

    Reply
    re: Doctor consult to another
    Megan Oltman
    Thursday, April 09, 2009 at 07:49 AM

    Those are good points, Sue Lynn.  As I mentioned, it was unclear whether Mel had somehow determined that something had already been said about him or his case, or whether he was merely concerned that might happen.  It does seem unlikely that a doctor would want to put his or her reputation on the line in that way.  On the other hand, people do occasionally do strange, and unprofessional things.

    Reply
    re: re: Doctor consult to another
    Megan Oltman
    Thursday, April 09, 2009 at 08:04 AM

    I will add though, that although HIPAA provides quite a bit of protection of your records, it is not a law designed for the purpose of regulating the doctor-patient communications.  Rights you hold can be waived by you in writing.  That's why it's important to read what you sign carefully before you sign it!

    Reply
  2. Doctor Conduct
    Hcampbell64
    Thursday, April 09, 2009 at 02:18 PM

    I belong to an HMO that has some good and some bad doctors. My previous doctor would diagnose me with something, then decide I was faking it, and deny the diagnosis. When I came back to this HMO I changed doctors.  He got ahold of my previous medical records and made some diagnoses that should have been made years ago and weren't. He also chewed my previous doctor out for labeling me as a hypochondriac.  I am so glad my new doctor was paying attention and doesn't have issues with my conditions, which I am not afraid to admit are the following- Chronic Migraines, Fibromylagia, a pinched nerve in my neck and Type 2 Diabetes.  Try dealing with all this at once.  Gets really fun sometimes.  My previous doctor thought I was doing all of this for attention. Give me a break. She didn't anything bad about me to my new doctor, but he didn't like her comments in my file and had no problem treating me. 

    Reply
  3. What doctors put in your records even if they are incorrect
    Topamaxsurvivor
    Thursday, April 09, 2009 at 08:21 PM

    I experienced my Dr Two (using the example above) being very apprehensive after receiving my records from Dr One.  Dr. One later admitted under oath he was not familiar with the basic information for treating migraines in the manufacturer’s studies on Topamax.  He had over dosed me by 2x.  Anyone prescribing this substance should be able to recognize the severe psychotic reaction that occurs in approximately 1% of patients.

    Reply
  4. charges for filling out forms
    Patricia Jeres
    Friday, April 10, 2009 at 05:56 PM

    Until now, I never realized how fortunate I have been.  I am on long-term disability from my former employer, meaning every one of my doctors have had to fill out forms every year.  After several years, as a matter of regular procedure, I had to apply for SSDI.  Once again, all my doctors had to fill out forms again.  They tended to grouse a bit about it all, but never charged me a penny.  I have had most of my doctors for as much as ten years and love them even more now.

     

    Patty Jeres

    Reply
  5. Carge for filling out forms
    salanem
    Saturday, April 18, 2009 at 12:59 AM

    As a med. asst. for 20+ years, most of the physicians I worked for charged $10-$25 for filling out forms,depending on the type, some charge nothing. As a general rule the nurse fills out the form, leaving a note on specific areas that may be unclear from the office notes for the Dr. to fill in, then the Dr. signs it. The fees are actually more administrative cost, for the nurses' time and the copies for the chart. I think it's outrageous for a $200 fee, but as was stated there is no standard amount, it's up to the individual office. Maybe this particular Dr. does fill out the entire form, so that might be the rational behind the fee.

    Reply
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