Oh, I am sooooooo angry at a particular health facility I could scream! They have messed up my records, scans, etc. from the get-go, and I personally believe it has a lot to do with why I'm not getting answers. I won't go into detail about every problem, but believe me, it's been bad (old scans that I brought in being lost & not being compared to the new ones, NUMEROUS significant mistakes in my records which I now have to send a request for amendments to, pulling teeth to try to get results, not being told of results that stated "concerning for carcinoma" for over a month, etc, etc, etc, etc).
The final kicker today. A few days ago I called and requested that someone please call me with my blood results that were done about three weeks ago, and also to please send them to me. Today, in the mail, I got an envelope from them. Nope, it wasn't my lab results. It was another patient's four page consultation notes!!!! Hmmm, I wonder who mine went to?
I first called my best friend, as often I feel better talking with her first, in order to feel rational about what to do. Ultimately, I got on their website and found the number for an advocate for possible privacy violations. Turns out, it's the same advocate that I went through three months ago to help round up my scans and ensure that they were read. So, I left her a voice mail. I told her to call me because I was very concerned at having received another patient's medical records. I did not give details or names, other than my own name and number.
Deep breaths.........okay, I'll just wait for her call and go from there. I feel so bad for this other patient; she likely has no clue that another patient received her records in the mail.
I think I will cancel my remaining two appointments at this particular place (both in December). I am appalled........
That's shocking, and in some areas, depending on the law, subject to legal action, if not on you're part, on the part of the person who's results were sent to you.
You may want to look into a course of action to make this "error" known, because that might be what's needed to keep it from happening again.
I used to work for a health credentialing insurance dept.
They are breaking HIPPA privacy rules.
This is very serious.
It should be reported anonymously through your insurance company.
So you aren't "messed with" as a rebel rouser.
At least you keep track.
I've had foul ups and didn't keep names dates etc.
I called my friend still in that dept. she didn't answer...
Perhaps anyone else have a suggestion? Until I get her an answer?
Take care,
P.
I just got a call back. Initially, the representative started to ask me whose records I received, then she stopped....and asked me to fax them to her. I told her that I would rather meet with her one on one, because of all of the concerning issues with my records (saying I had a hysterectomy when I haven't, mixing up hypoparathyroidism with hyperparathyroidism,.....those are just two errors out of about 20), and other issues I mentioned. I completely regret ever going to this place.
If I were the patient, I would want to know who received my medical records in error. In fact, someone else (whether it's the same patient, their doctor, or someone else) must have received my lab results, and I would like to know who if possible.
I think that I may already be considered a rebel rouser....ugh...!! I did tell her that not only was I concerned about the privacy issues, I was also concerned about the multiple mistakes in my records (I gave her just a few examples). So I can't take back what I said. I wish I had shut up and waited until next week before making a call. Should I not meet with her? What should I do or shouldn't I do from here?
I'll hang tight until I get more advice. Oh, why does this type of thing happen on a Friday afternoon? Thank you for letting me vent. All advice and suggestions are appreciated!
Reenie
Her request for you to fax them is ludicrous. What she is suggesting is that you have a copy (and keep it) by not "giving it to her. Faxing only duplicates the paperwork. Also anyone who has ever stepped foot in an office knows you do not fax "confidential information." She is trying to cover her butt by having the anonymous papers and put them in their place lest anyone find them gone.
Others have given good suggestions. There must be a state agency to which you report incidents like this.
Lucy
here in ontario anyway dr's are charged and reviewed for their conduct. I can go to the College of Physicians and Surgeons web and click on any doctor to find out who has been sited. I know a few in our imediate area that have been sited for this very problem, poor office proticall and record keeping. included on the site is the decision by the college and the amendment
the dr has to make. it's what's really wrong with our system here, nobody ever gets reports and if the do do they really ever read them? I had a full body CT Scan in August as per requested by my rheumy, naturally a copy goes to my gp and the ordering physician. I only found out last week that there is a problem with a paralyized diaphragm. Gee wonder when my gp ws planning to let me know???? I saw her just last week as well! Sandra
Thank you everyone....I'm still worked up about this, and I feel comfort knowing that I am not being ridiculous at being upset. I almost feel worse for the other patient--at least mine were just lab results (I hope anyway) and not a complete consultation.
I want to make sure that my records are corrected before (or if) anyone else such as insurance companies, law agencies, etc have access to them. There are some serious mistakes that may deny coverage of certain problems in the future (saying that my neck degeneration is due to a car accident -- when in fact, we never discussed my neck in my appts there, and in my health history form I wrote "due to multiple injuries."). It is imperative that this be corrected, as I constantly get hassles from insurance about my neck anyway. Anytime I have anything done, I have to fill out a form stating that it wasn't due to a motor vehicle accident or a work related accident. Having this incorrect info in my records will likely cause a lot of issues down the road when my neck requires treatment again.
I have no intention of faxing the records to her (it gives yet another opportunity for the records to get in the wrong hands---what if I accidentally punched the wrong number in?). I'm sure she will be worrying over the weekend, perhaps more than me. I think it may have been a knee-jerk reaction on her part, because if she really thought about it, she'd realize that that would only add to the problem (but I suppose it would give her time to try to "fix" things).
Sandra, I hear you on the "not getting results that should have been relayed". I have decided that no longer will I accept the "no news is good news" result, since that's not the way it works. All other docs I've gone to have been great about conveying results (PCP, ENT, gastro, neuro, etc.). Ive never ever had a problem before, except with this place.....so I know it's not me, and I know that I'm not a PITA patient. ;D The whole reason I contacted them to get these results, is because these are the ones that the doc said she was checking to make sure it wasn't a cancer or another problem (she told me not to freak out). So, I'm not freaking out, but please relay the results so that I can put it to rest. Jeepers, that's how I ended up with someone else's medical records, because it was easier to just send them without making a phone call. I would've been fine with that, if I had received my results in the mail, rather than what I did receive.
This seems like a very serious situation to me in a number of ways. If it were me, I would be ready to go to the state medical board or some advocate outside the system rather than waste any more time with clinic staff. They need to stop what they are doing and completely review their procedures, with someone in authority looking over their shoulder.
You might need to find a personal injury attorney to help. If enough people at the clinic are affected, they can put together a case on behalf of the group of patients.
Genko
I'll second everything genko says reenie. Definately talk to the office but i would also go ouside them too to make sure they don't keep doing it. They need to be held accountable
Pud
I have decided not to call the representative back; I need to get more information/advice about the best way to proceed & who to contact. I had originally told her that I would call her next week to try to set up a time to meet with her. I suspect that she will be calling me when she hasn't heard from me by mid-week. My sister is an RN here in the area and she was aghast, & agreed it was a major violation. She said that there is a HIPAA hotline to call. I'm not sure I want to go that route; I guess I want to weigh the options regarding who to contact after I am better informed.
Thank you all for the advice. Keep it coming if you have any more :) . I hate stuff like this. I don't like being in this position at all.
Very interesting though.....I just received an email from the doc tonight with the results I was waiting for. This is not a coincidence, that's for sure.
Thank you,
Reenie
Quotejust received an email from the doc tonight with the results I was waiting for. This is not a coincidence, that's for sure.
I'll sure bet you're right on that one. You are sort of in the driver's seat right now. A weekend to think this through will help you decide how to handle this. ;D Lucy
Reenie, I bet if you do some googling you can get an idea on what kind of a lawyer to see. I think that one that deals with medical malpractice might be worth investigating. The fact is that this organization needs to have a big jolt from someone to get their ducks in a row. It could be that several patients got mixed up for some reason, but they are trying to cover it up rather than work with you.
Also, I think I would want to have the option to sit down in their facility and go through all my own medical records to see if they are yours and are appropriate for what you were seen for. There is always the chance that there is another patient with the same name. We got a bill from a clinic one time for another patient whose name was the same as my hubbies.
Good luck and keep us updated as this is really an important issue. Irish ;D
Oh you guys, I'm scared. I don't need this, I just don't need this unwelcome stressor......yet I know that it is my obligation to protect others' rights, and especially my obligation to the patient whose rights were violated. I have done some reading this evening, & now I see that this is likely a Federal matter, as HIPAA is covered under the office of Civil Rights by the US Dept of Health & Human Services.
There is a regional office here in my metro area out of 10 in the US. I don't know if I have it in me to file a complaint directly with them, at least not by myself. From what I read, the only places that I can report this to (i.e., "file a complaint") are: 1: The Provider 2: My insurance company 3: The Federal Govt. I already verbally reported it to the Provider, but my information to them was extremely limited.
Do you think I should get an attorney before talking with the Provider representative again? I really don't want to have to get a lawyer involved, but it looks like I may need to, based on the advice I am receiving and the fact that I know I need an advocate of some type to follow through (this just feels too overwhelming for me to tackle on my own). Is an attorney as an advocate the best choice or can anyone think of someone else who can help me at least sort through this, so that I know I am doing the right thing and that I am protected? Irish--I will do some googling regarding types of lawyers for this kind of situation.
The HIPAA rules state that there will be no retaliation if a complaint is filed, yet I am cowering about this, as my trust in some systems is waning. I feel like all the docs will feel as if I am against them, and I'm afraid it will affect my care & how I am treated.
Thank you all for your support and advice. I need to find peace with this. I know that I need to report this, but I am just overwhelmed by the idea of it right now.
Reenie
Usually personal injury attorneys take a case on contingency, meaning you don't pay them anything unless and until you win, and then they get a percentage of the settlement. The key is to get a good referral.
Good luck with this. It is worth doing - you are not the only person who is affected by the clinic's carelessness.
Genko
Reenie, please remember three things:
1/ You have done NOTHING wrong
2/ You are reporting an error that could cause problems for the public...you'd report a bridge that was out over a river, wouldn't you?
3/ Once you report to the proper authority, the onus is on them for investigation and follow-up, you have already done everything expected of you by reporting.
Try not to think of it as complaining, you are actually doing a public service.
I also agree with the others, you've done nothing to be upset about; the error is not yours, it's theirs. Don't feel bad about reporting this clinic, these folks need to change their operation fast - I'm just amazed that they've lasted this long doing this crap.
Patze
Thank you everyone . I do just want to do the right thing. I really appreciate the support, reassurance, and advice from all of you.
I'll keep you posted.
Reenie
Hi Reenie,
I'm sorry you are having these issues with what should be protected information.
I'd like to suggest that if and when the doctor corrects the reports that he/she state clearly in the dictation that this is an addendum with corrections to report dated thus and such".... and that the doctor who dictates, signs in ink, not an electronic signature or other form. In a perfect world you should be able to sit with the doc and go over said reports, make corrections together prior to doc re-dictating... I've worked in medical records depts and additional supposed 'corrective reports' shoved into a record is confusing to anyone reviewing the record... Good luck with everything... its definitely a bad circumstance...
I will definitely take your advice about the addendums to my medical records, Seabreeze. Thank you!
I wish all doctors were as wonderful as my ENT. He does the dictation immediately in the exam room while I am still sitting there after the exam, and he does that for all of his patients. He is the only doc I have that does that, and I think it is awesome! For one, the patient can correct any mistakes right then and there before it ever gets transcribed, and also his memory is absolutely fresh.....no chance of mixing up info from the previous patient(s). I have only positive and great things to say about my ENT. ;D
Thank You,
Reenie
You make an excellent point about dictating immed after appt. Some doctors wait till end of day, or end of week. I think a lot of details can be missed this way... There are a lot of doctor offices that are in between 'paperless' medical record keeping and hard copy note taking... and it takes awhile for everyone to be on the same page (no-pun)...
When patients are admitted into hospital dictation and transcription is another story... when I worked in med rec dept years ago, some docs would be so behind on their dictation the hospital could pull their privileges and they are not allowed to see patients... If its a teaching hospital, attending docs sent resident docs to Med Rec dept to do their dictation even if they haven't seen the pt before... Residents simply 'read' and dictate from the attendings handwritten notes.. sometimes there would be literally 'piles' of charts that needed dictation.
Transcription of these reports is difficult. Doctors speaking too fast, running over key words, some docs with accents, eating chomping and coughing while dictating... Then there were the statements that you said to yourself do you really want to say that the "patients blood pressure was 200/200 which is normal for the patient"... Another issue were 'shortcut keys, or micros' that the transcriptionist could set up on their computer; for instance if you typed sbo; small bowel obstruction would automatically appear, that one makes sense but many of these micro strokes were set up w/out consistency, would pass a spell check and grammar check, but absolutely no sense in the statement... Doctors use these also; for instance at my Endo, my instruction sheet that I get at the end of the visit says "We spoke about your hypercholesterol discussed low fat diet etc etc. He didn't dictate that, he prolly typed in hyperchol and those patient instructions were filled in automatically ... Sad thing was we NEVER discussed my cholesterol at all... and under "foot exam" it said 'normal' and instructions for at home foot care was there, sad thing is he NEVER looked at my feet and if he had I would have mentioned my numbness and that would not have been normal... it makes me crazy ... But there is a mix of people to blame...
YIKEs... I've gone on and on... sorry, but its a pet peeve of mine. And I hope it helps some...
I guess my headline is... Like a lot of you, I get copies of all of my notes and labs etc. If something seems wrong to me, I bring a copy with me and discuss it on the next visit... A few weeks ago while 'filing' my lab stuff I came across my folic acid result which showed a significant deficiency which was overlooked, I called and am now on folic acid supps...
Hi Reenie,
Wow, sounds like you have the right idea in looking for another health care provider. What they did is called a data breach, and depending on where they're located they may be required by law to contact the party whose data was revealed and let them a) know what happened, and b) what steps they'll take to keep this type of thing from happening in the future.
If you haven't yet done so, I'd recommend contacting your state (or equivalent) health department or board of medicine and bringing this plus your other issues to their attention. Sounds like that place needs a wake-up call. Someone there may have advice on a course of action.
Good luck!
Kathy
Reenie, I thought of you at 2:00 a.m. this morning.
Last night I went to the ER with chest pain. After I was sent home at 12:45 a.m. this morning we stopped to get a bite to eat. I ask my husband for the discharge paperwork they had handed to him. First thing I notice . . it's got someone elses name on it! It also has some of their meds and some of mine. No where on this paperwork did it have my name. Although, it DID have some of the information that the doctor told me about my visit to the ER. Hmmmmmm . . . I instantly go back to your experience. I was too tired to bother calling them at 3:00 a.m. but DID call them at 9:30 a.m. this morning.
I explained the situation and said I would like a copy of MY discharge paperwork and told them I hoped that the wrong information wasn't sent to my PCP or put into my files at the hospital. I was told that I would could get this report but I had to come in person and sign a release for it in medical records.
So, we head back to the hospital and go to medical records. Again, I explain the situation and they were very prompt in checking into the matter. (And I'm thinking to myself in the meantime . . yeah, they want to cover their butts!!!!) The lady assured me that MY medical information did not go to anyone else. Their explaination was that there were two patients in ER with the same complaint at the same time and that we were released at about the same time. Thing is - the other patient was male and 38 yrs. old, I am female and 51 . . . our names are nothing alike.
Long story short . . I do believe it was a mistake and I hope they have put the right information in my files. They did give me a copy of the complete medical papers for the entire evening. I have read them and they are all the information that transpired during my visit to the ER (with just one little boo-boo . . in one spot they have me as male instead of female, but it was corrected in a later entry). (Probably happened after the chest exrays!! LOL :D) The gal in medical records did ask me for the paperwork I received at discharge. I had made a copy at home before heading to the hospital so I gave her the "originals" I had been given.
Next week at my doctors app't. with my PCP I will check to make sure the information he was sent from the hospital is correct.
Bucky
QuoteTheir explaination was that there were two patients in ER with the same complaint at the same time and that we were released at about the same time.
Yikes that would be a lame excuse at the hospital I used to work at; chest pain was one of the top complaints of people presenting to the ER.
I'm glad you have the correct information...
If you are up to it, maybe consider sending a note off to Director of Emergency Medicine and the Director of Medical Records... This is important stuff they're fouling up... and your complaint may never be brought to their attention.
Take care...
Oh my! Yeah can we say HIPPA????? I work for a hospital and we would be in a hoop of trouble....so much I shudder to think of it. !!! AND as many problems as you have had....TSK TSK! I know we are human and are subject to err, but your situation is ridiculous! The office/hospital should be reporting EVERY little mistake out there. Are you in the USA? You need to look up Healthgrades or Joint Commission on your local hospitals and doctors that affliate with them. They will tell you the better places to be treated.
I hope you get the help you need.
Take CAre!
Vicky
Vicky - yes, I am in the US. This is the first time I've ever been to this hospital for medical treatment (thanks to our new insurance that won't let us go to the hospital of our choice :(). I must say, I did receive good care at the hospital - it's just their paperwork that wasn't quite up to par. I know that's no excuse and the nature of their business it's important to have accurate information. Believe me, from now on I will check things out myself before leaving! (I hadn't seen any of this prior to my asking my hubby for it after discharge.)
From what the gal in medical records told me (she was the supervisor) they will get to the bottom of this matter so it does not happen again. She also gave me the name and phone number of a person in the Emergency Room that I can follow-up with if I had any concerns.
Bucky
Hiya,
I went to the ER last week and she wouldn't give me a copy of my discharge papers. She looked down and said she wasn't finished writing them out.
We left without them.
:(
Thanks for all the education gang!
P.
Paperdoll . . . . sorry for your ER trip. If you still want a copy of your discharge papers the hospital should be able to get you a copy of them. You will probably have to sign something requesting them.
I don't have the copy of my "discharge papers" with my name on them or all the information, but I DO have the whole packet of papers of everything that happened from the time I walked in the door to the time I was discharged. I had to sign for these papers in the "record" department.
Hope you're feeling better.
Bucky
If I were in your position, I'd call the hippa hotline. That way you're not going to anyone who'd know it was you who called. If you go through the facility, you don't know if it would EVER be reported to the powers that be. If you get a lawyer, everyone's hackles will be up immediately. Trust me, all I did was consult an attorney about severe burn that happened on my forehead after a surgery... the doctor refused to tell me what it was from!
Turns out the lawyer's doctors said it was most likely an allergic reaction to the adhesive, but it was an electrical monitor and the burns were SO deep that it caused the whole top of my head to go numb, so we thought that it was a burn burn. That doctor who is the only neuro-otologist in the entire area refused to allow me back in his office to see any of the docs. I have been very upset because all I wanted was an answer that he wouldn't give me. It's just the knowledge that you got a lawyer and that's all it takes.
I think you'd be better off reporting it to the hotline... just my humble opinion...
Jag
One of the reasons healthcare costs have increased dramatically is because of the HIPAA regulations. All of the computer systems had to be upgraded to track any inquiry or reporting transaction so that an audit trail is available to show every time a person even looks at patient information. The computer system will be able to show exactly who printed that report and sent it to you in error. There is obviously a huge deficiency at that site. Violations of the HIPAA law are subject to fines and even jail time. In a case like this it seems like the site has a deficiency procedurally, with their training and their personnel. You would be doing everyone a favor to report that clinic to HIPAA. Accurate medical records are absolutely necessary if patients are to get effective treatment.
Tuckerdog
That's not exactly accurate. If medical records pulled a chart and made a copy of a report on a copier to send out to a patient, then there would be no paper trail as to who copied it or who sent it. HIPPA requires certain things, but it doesn't require medical records to be fully computerized, nor does it require computer systems that track who looks at or copies medical records.
In some a lot of facilities, it's still on the 'honor system' where the facility itself can be penalized for a breach if there isn't a record of who exactly made the error. I don't believe that this instance was a malicious intent, so the penalty could be as little as a 'plan of action' by the facility as to how they are going to change their processes to keep this from happening in the future. However, each breach should be reported so that the chances of it happening again are lessened.
Health care costs are driven by a number of things, including the number of uninsured people in the country, the cost of providing healthcare to those people, the cost of care in general (which changes each time there are new 'improvements' in technology, medications, etc), how sick in general the insured people are getting (people have increasing health care costs as obesity, lifespan, and non-compliance increases), and may other factors.
I was a little amazed during the time I spent working at an insurance company what the world looked like from the other side of the window. People are demanding more healthcare than ever before, the doctors and other medical professionals aren't doing a good job of explaining 'quality of life', and the insurance companies are always played to be the bad guys... but it's nurses and doctors on that side, too. :-[
It's a very complex system, with very complex issues. HIPPA was a consumer driven set of criteria set up to do one thing.. protecting the patient and that patient's right to privacy. Facilities have chosen to make adjustments above and beyond to track who 'touches' the info as much as possible, but it's not foolproof. If even a few 'mistakes' slide, then it's not ever going to do what it was meant to do. The amount of money to update systems as the facilities have seen fit is a drop in the bucket compared to the other factors driving healthcare costs.