Recourse against psychiatrist's damaging medical record-keeping

[Carnac the Magnificent!]

About 8 years ago, while living in Arizona, I asked my physician for a counseling referral, due to stress at work during a period of major downsizing and low morale.

My physicians referred me to the insurance company's gatekeeper, a psychiatrist, whom I saw for only two sessions. What is really weird is that the psychiatrist had, of all things, a severe case of Tourette's Syndrome, meaning that he frequently barked, cursed, and shouted at me during our session. (Sorry, I'm not making this up.) It was perhaps the weirdest experience in my life and, throughout these two pointless sessions, instead of referring me to a specific counselor that I named, he wanted to keep me in-house by referring me to one of his social workers. Long story short, he dismissed most of my complaints as trivial, telling me that he had far greater problems that I yet he had made it through medical school. (Can't argue with that.)

Five years later, I reviewed his medical notes and saw that he had used the most derogatory, insulting language possible, suggesting that my problems were both trivial and serious. His tone was demeaning to the point of ridicule. Six months later, the state of Arizona temporarily stripped him of his license after he was caught having sex and using drugs with his patients.

What recourse do I have with his documented records--which now form part of my permanent medical records? My hope would be that they are removed, which I'm guessing cannot be done. But can I append these notes with my own statement, or the statement of another mental health professional?

Does it help to contact the insurance company--seven years after the fact? And can I still file a complaint against him--and to whom?

(I later talked to another mental health professional who told me he had worked with this psychiatrist 10+ years ago, and he had a habit of asking his female clients about their sexual fantasies, even though these fantasies had nothing to do with treatment.)

[MsRobyn]

I'm not sure what to tell you with respect to the psychiatrist himself. I don't know what the statute of limitations is on complaints to the licensing board, or for civil claims.

However, under HIPAA, you have the right to have your records amended. If you have any supporting notes from the counselor you actually saw, having those added to the medical record would be beneficial. However, if this guy's notes are that out of context, any other health provider will see them and know something's up with the shrink.

Robin

[Regina]

I think most states do not have a statute of limitations for complaints to the medical board. You said his license was "temporarily stripped." Do you know if he's licensed again or got licensed in another state? It might be worth making a complaint to the medical board if he is still out there practicing. Even if he's not, in some states, I don't know about AZ, the complaint would become part of his file, and if he ever tried to get his license back, it would be there.

As far as having records removed, that's not possible. But if the records were never transferred to another physician or copies sent anywhere, which they should not have been if you didn't sign releases, except to the insurance company (maybe--psychiatric records have special laws all to themselves, and the actual record with the derogatory notes may not have been provided to the ins. co.), then they don't exist anywhere that can harm you. If they have been made a part of another physician's medical record, as MsRobyn stated, you can put a statement in your record. I don't think it would hurt to send something to the insurance company, either, if that made you feel better, if you know that they have those records.

I'm curious as to why you were reviewing his notes of your treatment five years past and if you had obtained a copy from the doctor or where and when. Sometimes psychiatrists don't have to release their actual notes to the patient if they feel it could harm the patient.

[Qadgop the Mercotan]

Arizona temporarily stripped him of his license??? Boundary violations of that sort are generally dealt with by revoking a license for all time! (At least in the past decade they've gotten that tough. Earlier it was not so)

[Carnac the Magnificent!]

Originally Posted by Regina

I'm curious as to why you were reviewing his notes of your treatment five years past and if you had obtained a copy from the doctor or where and when. Sometimes psychiatrists don't have to release their actual notes to the patient if they feel it could harm the patient.

I decided to look at his notes after I read news accounts of his having sex and using drugs with a former patient--and having his license temporarily stripped. I also was in the process of getting life insurance and wondered what that nutcase said about me. I saw my file by simply going to his office, during the period he was not practicing, and asking his secretary if I might look at them. (This was before HIPAA, etc.)

So, Qadgop, what official recourse do I have? If he did this to me, I woudn't doubt he did it to others, and may do it again.

[Hyperelastic]

I can't offer much practical advice on how to fix your problem, but I can say, God help you if you ever need to obtain a government security clearance. I went through an experience similar to what you describe and it took me literally years to get it untangled.

These days, people can't look at your medical records without your express written permission. So if you do need to get a clearance, or if some nosy employer or insurance company asks you to sign a release, make sure you explain the situation before you sign anything. It might also be to your advantage to show the records to a reputable counselor and have that counselor evaluate you with specific reference to what is in the record. It makes a big difference to have at least one counselor give you a clean bill of mental health.

[AHunter3]

I don't have a good answer for you. The systems' implementation of privacy seems to vary from one venue to the next as well as over time. In general, you tend to have more privacy if no insurance companies are involved, and more for sessions with a private practitioner than for sessions with one who is in the employ of city or state.

If you have a doctor you are on good terms with, you could ask the doctor to try to obtain a copy of your records without having anything in writing from you authorizing it, and see what pops loose.

[Qadgop the Mercotan]

Originally Posted by Carnac the Magnificent!

So, Qadgop, what official recourse do I have? If he did this to me, I woudn't doubt he did it to others, and may do it again.

Not sure. I'd suggest getting documentation about this guy's discipline (it should all be a matter of public record, and is probably even available online) and if this thing ever comes back to bite you, wave said documents around, to indicate that this particular professional's opinion was suspect.

QtM, MD

[Carnac the Magnificent!]

Thanks to all for your words of wisdom. It wasn't easy sharing this experience, but I'll be damned if I let some nut take advantage of me like he did. In my book, what he did is all about abusing his position of power and trust.

[jellyblue]

In CA, it's a felony to have sex with a client (at least for us psychologists); here, the statute of limitations would probably be up as far as you filing a civil case against him, but the licensing board would probably still be interested, especially if they unwisely re-instated his license, and you could still make a formal complaint.

Again, I'm in CA, but here you can definitely have a statement documenting your concerns inserted into the chart.

I'm sorry that happened to you and hope that it doesn't prevent you from seeking aid in the future if you need to (altho it would be understandable if it did.)

As an aside, I can't believe someone with Tourette's managed to stay in business in that profession!