Will the hospital deny me medical records if I'm the MPOA?

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Will the hospital deny me medical records if I'm the MPOA?

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There are a lot of reasons why I want the records, not enough pages ;) Will they deny me? Will they only give me what they want to give? What rights do I have to receive ALL of my father's medical records from the hospital? Please help before I go there and feel uneducated or too polite, due to misinformation or plain stupidity.... Thanks

Power of Attorney (POA)

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Why not call medical records at the hospital and ask what their procedure is and if a MPOA is sufficient for them to release the records?

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Hi Helpless, according to the American Bar Association, giving someone Medical POA grants that person access to your medical records. Your dad trusted you to act as his agent -- you are basically a stand in for him regarding any medical decisions and are therefore entitled to whatever information and records he would be entitled to. (The only thing is sometimes the hospital might charge a fee for producing a copy of the records.) Good luck with it!

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Helpless, one thing I thought of after the fact, if you are needing his complete records (not just labs, charts, etc. but also doctor's notes) there is a slight chance you would need an attorney for the notes. Someone else with more knowledge will hopefully clarify that. But in the "olden days" most physicians would keep separate notes, I think mostly to jog their own memory, make notes for what to keep an eye on, or to explain the details of why they made a certain decision for a patient, but they would not be a part of the patient's record when the patient asked for a copy of the file. Some health systems now incorporate the notes into the patient's chart so they are accessible to the patient at any time. However, I think this is a relatively new practice and that there are still places where the notes are not accessible to the patient (or their POA.) I hope someone else can clarify whether you would be able just to request those or if you would need an attorney to make the request.

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thanks lindy... I guess I should have explained it better. You hit the nail on the head!! I was wondering if they are only obligated to give medication, procedures, etc...... or include everything....including the dr's notes....especially!!

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1. If you want all the notes, then specify "any and all charts, notes, medication .... relating to the care, diagnosis, treatment and any other matters" of (name patient). Subpoenaes duces tecum (for records) are issued like that, with broad descriptions to encompass any possible aspect of the charts.

2. There's another issue now that notes and charting are done electronically. You need to find out whether the hospital limits doctor's notes to access only by doctors, providing a summary for the nurses and thus limiting access to portions of the chart.

You'll have to address that as well, so that whatever you get is all inclusive, the whole thing, and not just something selected by the medical records management in its own interpretation. The words "any and all" are standard when requesting medical information of a broad nature.

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If you are planning to sue them, get the lawyer first. If Dad is on Hospice, I'm not sure you could sue for very much.

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Does Dad have dementia? Is the POA standing or springing? Springing requires Dad to be incapacitated as usually determined by two doctors, in writing. Standing you should be able to get what you want, incapacity is not a requirement for POA to be in force.

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wasn't really planning on it, but the doctor 1st told us he had pancreatic cancer...no one but his attending physician has said that.... never treated him for it either. Kept him in the hospital without having a bowel movement for 1 1/2 weeks, then sent him home. She said, "but all the markers point to it"... then shoves a DNR in our face. Granted my dad is elderly - 83. But, to send him home in that condition with me and my elderly mother, THEN prescribing laxatives... also said he has pulmonary fibrosis. Told us to go with hospice....we did, she is in charge of that too. She is also his family physician. Whenever we have a question for hospice, she is in charge...remember? They can never contact her, they tell us she is out of the country, out of the office or at the hospital... I saw her shopping at our local grocery store the next day. She is as shifty as they come. Will swing us around a question, using big words or just shaking her head, yes...now he is back in the hospital since 12/22 and we have seen her once. put a feeding tube down his throat one day, then took it out, because NOW they are going to test his bladder and colon...so my dad has not ate since then. No one mentions cancer or anything else except he has hemmrhoids inside and out. They are using an ointment twice a day for the inside. The doctor said (her husband) that he couldn't go all the way down his colon, because he wasn't cleaned out all the way... He did the same thing with my grandmother and cut out what cancer he could and said she was too weak to withstand another operation. It was the same place in the colon this time with dad as it was with my father. I just want to see what is really going on at that Band-Aid station. thanks for all of your guys help....

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I meant the same place in the colon as my grandmother as it is with my dad...

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I think I would see an oncologist to verify and/or clear up the cancer diagnosis.

And I'd ditch the female doctor who's never available.

The records might help reveal what's going on but it doesn't sound as if your father is even getting good medical treatment, or even candid analysis from the female doctor who's not available for you but is available to shop.

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I'd also find a new hospital, I think. Is this a teaching hospital, i.e. one that is connected with a Medical School? That's what you want.

Remember that when she uses a word you don't understand, tell thecdoctor that. It's THEIR job to be able to explain it to you.

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also, can there be more than one durable power of attorney? I have 3 other siblings, and I feel they all should be involved in any decision making. Does anyone know?

thank you garden.... I don't feel she is there for her patients, but for the glory of the title...she is also hospital floor administrator..... but is never there, or avoids us.... she thinks everyone from WV is a backwoods country boy/girl.....her bad, cause I'm from Detroit

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POAs can specify that one or more people can act, either jointly or independently. Ours were drafted so that we could each act independently.

But that should be specified in only one document; additional POA documents would only cause confusion as to which one is the latest and holds priority.

Some posters will recommend that only one person be named to act, but it depends on the family dynamics.

Without going through the process now of getting the paperwork, you could brief your siblings on what's happening so they're aware. Assuming that your sibling relationships are good and not contentious, they could give you some support in your decision making.

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I called and asked for my father's medical records. He passed away one month ago. They said, that they can't give them to me. I told them I was his MPOA and they said, I need to talk with a lawyer....is this true? I live in WV...

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Hopeless, my experience with medical records staff at one particular hospital was that there were some experienced and knowledgeable people, but also someone who was very lazy, uninformed, and seemed to be content to be that way.

Since your father has passed, your MPOA wouldn't be effective any longer. Are you personal representative of his estate under his will?

You might want to pull rank and contact the hospital's ombudsperson or administrator. I've done that in the past and got results.

Don't be surprised if you learn that the records have already been sent off site for storage; at one hospital, this happens within a week or so after a patient is discharged.

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Thanks garden....I think I'm going to go there personally and have them show me their policy that shows I cannot receive them, when I have every other one, from 10 years ago, even before all this. I know one of the ladies down there.. I think she will be more helpful... They screwed up (my opinion) so, I think their regular doctor/hospice admin/floor dr supervisor, is putting a hold on something...I wouldn't put it past her, she smiles at you while telling you, that your father has weeks maybe months to live.... The anger I felt that day, still haunts me..

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Hopeless, I'm so sorry for your loss. In my experience, it's almost impossible to predict when someone is going to die. That does not make your pain any better, for sure.

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you should be able to get these with the POA.. but it may not be a fast delivery. And with electronic medical charting,, alot of the notes are just "copy and paste" with some sentice added on. I see them every day where the sex/age/ you name it is wrong. All because the first charter wrote it wrong. How this can stand up in court is beyound me.. but it does. Good luck, and I know that people from WV are not dummies!!

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Will the hospital deny me medical records if I'm the MPOA?

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