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PostPosted: Tue Nov 23, 2010 9:15 pm 
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I'll try to keep this as short as possible as I know how boring legal stuff can get.

I was on Methadone for yrs and FINALLY made the switch to Suboxone. I cant express my anger toward the corrupt methadone clinic that i went to. From how they treated me, to their overall neglagence. They cared about one thing....MONEY. Didnt care if you saw your counselor, never talked or saw the clinic Dr. aside from a brief 4 min consultation upon intake, the list of shady stuff they did and do there goes on and on.

I want to get my entire health/medical record from them in anticipation of possibly filing a law suit for blatent neglagence etc. etc.
My question is this; im fairly sure that i am intitled to my actual "medical record" portion of my files there, but I also want the rest of what they called my "treatment plan" because that is where its going to show all of the stuff that they DIDNT do for me. Does anyone know the policy regarding this?

I dont want to walk in there ask for my medical records, and them only give me the paperwork that shows what I was taking and how much and not give me the rest of the paper work. Im afraid if I do that I will alert them of my intentions and they will have time to go "doctor" the rest of the info if/when I take them to court, thus producing what looks like a legit run operation to the courts.

Thanks in advance to any and all that may be able to help me with this!


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PostPosted: Tue Nov 23, 2010 9:43 pm 
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Obtaining your medical records (copies) is covered under the federal HIPAA laws. You should also do a Google search for the name of your state and something like "request copies of medical records". States are different when it comes to how much they can charge you and how long they have to get them to you after they receive the request. You can always go in and ask to just see your file first, that way you'll know what's in it, then afterward you can request your records - that way you might recognize what's missing. If you go in person to see your records, just know you cannot change or delete anything, but you CAN add to it - personal statements, etc.

I hope this helps.

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PostPosted: Wed Nov 24, 2010 12:34 am 
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If you really are serious about filing a lawsuit, you probably would be best advised to have your attorney gather this information on your behalf rather than trying to do it on your own. That is actually how it is typically done. You sign release forms and your attorney gathers the evidence that is needed. This is the recommended method since they know what is needed and what to look for as well as the fact that a potential defendant is less likely to alter, destroy, or change anything when an attorney is involved rather than just an individual patient. If you are really worried about them doing something like that, and if you are truly serious, you should probably leave this to the attorney who's job it is do to these sorts of things. Just my thoughts.


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PostPosted: Wed Nov 24, 2010 1:04 am 
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First, thank you both very much for the quick responses, much appreciated.

Donh - I completely agree with going the attourney route, my only worry is that the longer I wait, the more likely the records I get either wont be complete or will possibly be altered. Im fairly sure that they will give me the medical portion of my records, but that will just show how much I was taking and at what interval, etc. Im more interested in the intake they did and the treatment plan that was never addressed. I strongly believe that the methadone clinic is FAR from a completely legal establishment. I am the last person to judge, but the majority of the "patients" there at the clinic would never question things of this nature and have an even higher probability of not pursuing legal action if they did feel that things werent being done by the book. Its a terrifing thing to think that the clinic will reduce or completely stop giving you the methadone, so I believe that the patients there (including myself) tread very lightly and dont ask questions. As a result of this I think that the clinic has gotten EXTREMELY lax in their all around proceedure, be that intake, counseling, dr. appts. etc.

So the dilema I am now posed with is, do i go in, ask for my records and if they give me some or none, just grab the binder with all of my info in it and walk out... or do I take the chance and take whatever they give me and have the rest supeoned in court. I can almost guarantee that if the info does get supeoned, it will be doctored. And when I say doctored, its not info that they'll change, its going to be info that they'll simply add making it look like they followed proceedure and protocol.... Again, its the lack of treatment that I got there rather than bad treatment.

Either way, Im going to call my attourney tomorrow morning and see what he says, but like you were saying, he would likely have to supeona the info, and you already know my concerns with that. Im also worried that if i do just walk out with the binder what kind of ramifications i would be up agaist...theft of confidential records cant be a lightly looked upon crime.

Thanks again for the responses, you guys have been very helpful.. If anyone else has any insight, PLEASE chime in, I know nothing about the law in this respect.


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 Post subject: Next step is.........
PostPosted: Wed Nov 24, 2010 8:52 am 
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Your VERY next step is to talk to an attorney, let him get your files through the court system, Med. records are hard to get.. That is what Don said !!! A good attorney will NOT charge you to talk about this, he will help you decide how it handle all of this.. This could ( will ) take years to resolve


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PostPosted: Wed Nov 24, 2010 9:39 am 
Here's an idea. I've had to go look at my medical records before and they let me sit in a room by myself while i looked at them. If they let you do that, you could take a camera with you and photograph everything so that they couldnt lie about what was and what wasnt their. Just a thought. ~PEACE~


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PostPosted: Wed Nov 24, 2010 3:33 pm 
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donh wrote:
If you really are serious about filing a lawsuit, you probably would be best advised to have your attorney gather this information on your behalf rather than trying to do it on your own. That is actually how it is typically done. You sign release forms and your attorney gathers the evidence that is needed. This is the recommended method since they know what is needed and what to look for as well as the fact that a potential defendant is less likely to alter, destroy, or change anything when an attorney is involved rather than just an individual patient. If you are really worried about them doing something like that, and if you are truly serious, you should probably leave this to the attorney who's job it is do to these sorts of things. Just my thoughts.


Yea this would be the best way to go I think as well. Because if you ask to see them yourself I think they’ll realize something is up. Whether it be a lawsuit or maybe even in a way looked at as addict behavior because you know how these people think of us. And after hearing about the clinic you attend I think they would think this way.

But with a lawyer this won’t happen he will get the files and that’s the end of that. Because they know what to look for and if something was changed I’m sure he or she would notice this. And att he same time tampering with evidence is a crime right?


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PostPosted: Sat Nov 27, 2010 5:39 am 
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Coming from someone with 9+ years of going to a methadone clinic DAILY, and being at a place that sounds as shady as yours was, (I think they are all like that), I also wanted my files cause in 9 years I think I had 3 physicals, NO councilor appts. cause they kept quitting, messed up doses, etc... I was never even given a handbook of the rules! I found out what the rules were by breaking them, then getting into trouble. When I went to read my files, they were suddenly all filed out!! What a shocker!!! They lie, cheat and steal just like an addict, but if your clinic is privately run, everything you want will be filled out by the time you get the paperwork to look at. Trust me. They don't want anyone to rock the boat, so to speak. I ended up in the ER because of their financial detox "rule", and when the owner found out, he called the hospital to "speak" with the doctor. Needless to say I was in full-blown w/drawals, and I got nothing from the doctors at the ER. I can only imagine what the owner told the ER dr. So they'll drag their feet till you finally get your files and when you finally do, they won't be what you expect. It's your word against theirs, and unfortunately their word trumps yours unless you can catch them in the act. Good luck and don't give up. Stick it to them till their backs break. "Shady" is an understatement.


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PostPosted: Sat Nov 27, 2010 7:08 am 
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If I went to a dr.s office and the service was bad, and the next day I went back and the service was bad, and so on and so on .. What forces would there be to tell that Dr.s office to improve ??? There are NONE... Its a F-cked up govt. run operation and if our newly elected don't make some big changes all our Dr,s offices ( clinics ) are going to be just like this some day, The Govt would love us to HAVE to go to a clinic and get something we NEED everyday


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 Post subject: Records etc.
PostPosted: Sat Nov 27, 2010 9:32 am 
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i personally would go above their head & try to talk w/ the "owner" of the clinic...let them know you need the records for some vauge reason, or just go through the most decent person in the place, & kill them with kindness. Act like nothing is up, get the records, & boom...done. good luck & God bless.

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