Back and Body Medical Care P.C.

Review: I have requested my medical records from this place.. The [redacted] ([redacted]) is a very nasty individualShe claims it takes 30 days in order to receive me records.. which I believe is a bunch of hoopla.. The [redacted] ( which is a doctor) is just as bad as the [redacted].. he has the audacity to tell me.. we usually don't give patients their records.. How Dare he?? Im a patient and I requested copy of my records and it such a problem for me to get them.. when its a simple click n print of some papers.. then I decided to change facilities.. I called back & body Medical and request my most recent records be transferred to my new facillty...I was told by ([redacted]) I need to fax over a written request.. which I did.. I gave them a week advance notice.. I get to my appt at the new facility and No records were faxed over.. unbelieveable!!! I call back & body medical to find out why wasn't my records transferred over to the new facility and as I suspected.. No one at that office has an direct answer for me.. I was told they were gonna in a moment.. when it should have been done because I requested this a week ago.. this place does not know how to treat their patients.. just because a pt asks for their records doesn't give them a right to treat me like that and I follow all their silly rules about requesting my records.. and the work still hasn't been done.. What I shame.. I will let everyone I know to never go to this place NEVER!!!!!Desired Settlement: Just Give me my Records.. That is all I Want.. Plain and Simple!!!!!!!!!

Business

Response:

Dear [redacted]:

We have reviewed the complaint you provided and dispute it in its entirety. As set forth more fully below, this office did everything possible to accommodate the patient’s and her attorney’s requests for medical records. Indeed, as we advised the patient previously, we have compiled a complete copy of her medical records that she can pick up from our office at any time during regular business hours.

Starting in June of 2012, the patient began treating at our offices for injuries related to a car accident that took place in Florida. Initially, on 9/*/ the patient’s attorney made a request for our office to provide copies of bills and portions of the medical record, which we provided. Subsequently, he apparently learned that he needed additional records for trial and requested them with only 4 business days notice to our office. We advised the lawyer immediately that we would put the records together as soon as possible, within 30 days, but that we could not produce them on such short notice. This is consistent with a health care provider’s obligation to provide information to a qualified person within a “reasonable time.” N.Y. Pub. Health Laws § 18 (2) (d) (2008). As we explained to the lawyer at the time, because, the patient was still treating with us, records of care were still being produced and a complete record could not be provided on such short notice. In addition, our clerical office staff, which consisted of only 2 individuals, at the time were already working on other attorneys’ and patient’s requests for medical records that had been received prior to this one.

The patient then advised on September **, 2014, that she was switching providers and requested that we send her records to the new provider directly via facsimile. We explained that we would fax certain portions of the record within 48 hours to expedite her receiving care, including the ultrasound report, but that the complete record, which we had now compiled based on the previous request, was too voluminous to fax. We further advised, the patient that the remainder of the records would be available for pick-up from our office within 48 hours of the request.

Our office handled the patient’s and her attorney’s request for records in a courteous and expeditious manner. The patient’s complaint states that all she wants is her records. They are, and continue to be, available for her to pickup. We still await her attorney's response for request to pay for their copy as NY state law allows.

Please also note we were never against giving [redacted] her records for personal use as she stated. We were, however, clear to [redacted] if the records in her possession were used for legal evidence we wouldn't be able to verify their authenticity because chain of custody (Doctor direct to attorney) was broken.

We have a written request, kept as proof of the day requested. [redacted] used an old fax paper to hand write the request. The scrap paper had a date stamp from a previoius fax of Sept. **, 2014. This time stamp was not for us but a proof of receipt she sent another document to someone else a day prior. This at least shows the earliest we would have received the undated request was Sept. [redacted]. But as earlier mentioned the piece of paper was an old scrap she used to write the request and send to us Sept. [redacted]. That document is attached.

I am available at your convenience to provide any further information necessary.

I have cc'd our clinic's attorney, [redacted] on this correspondence as well.

Respectfully submitted,