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Tina, Lawyer
Category: Legal
Satisfied Customers: 8775
Experience:  JD, BBA Over 25 years legal and business experience.
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I have been denied access to my medical records in total

Customer Question

I have been denied access to my medical records in total from a Dr. Linda H. Albert, MD,PC, . These records relate to sessions I had at her office two times a week for fifteen years. The doctor sent me a note after many phone requests for them. She first indicated that I could get them but would have to pay. When she learned about my serious financial hardship, she said she would give them to me never having even mentioned she would deny me access to them. These however were in telephone conversations or voicemails not now accesible for review. I deleted all her voicemails as I wanted no one else access to them. I received a aletter from her last week, saying I would need to see another psychiatrist in order to obtain them. In voicemails I told her never again. I was forced to go to her by my husband. Her course of treatment nearly killed me many times over and the medication completely tortured me for 15 years. Today, I received a form entitled "Denial of Access to Patient Information and Appeal Form.". I am divorcing my husband, trying to get a paying job and I have no computer set up. I am concerned about completing the application on my own. I called a medical malpractice attorney not knowing what area of the law it actually fell under. I was advised it is HIPPA. Could you please contact me at(###) ###-#### I hesitate completing this form and feel a qualified person should make this application to the New York State Department of Health, Office of Professional Medical Conduct. My request has been denied and I am not certain I understand what harm this could cause to me or anyone else. She indicates it can reasonably be expected to cause substantial and identifiable harm to the patient (me)or others outweighing right to access. She never even mentioned this at any point in time. My reputation has been ruined, my husband causes me heartache beyond words. He forced me to see her or would not allow me to raise my kids and remain in the house to do this. He was gonna kick me out, I had no where else to go. Could someone contact me by phone as to how to proceed. Emails are often difficult to get. No computer only a smart phone. Sincerely ***** ***** Studley.(###) ###-####
Submitted: 1 year ago.
Category: Legal
Expert:  P. Simmons replied 1 year ago.

Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

Expert:  P. Simmons replied 1 year ago.

I will send the offer for a phone call. If you accept I can provide my #

Expert:  P. Simmons replied 1 year ago.

Follow up...were you able to view the offer for a phone call?