For your medical records...I've included information below so that you know the correct terms and procedures to follow. As others suggested...you need to contact that office one more time to state that you will be contacting the Dept. of HHS (see below) to get your records if they are refusing...also as others stated..you do have to pay for each page they have...
As far as trying to sue and prove that they are negligent because your fusion failed is going to be a really long and expensive road which I hate to say that it probably won't be in your favor...Unless the Dr. was under the influence...did soemthing extremely heinous during the operation that caused direct harm...fusion failure is pretty common...when we sign all the paperwork for the surgery...we are agreeing that it may not solve the problem...take away the pain...and possibly make us worse...that is the unfortunate side of fusion surgeries.
My first fusion...using my own donor bone...failed after 4 years....I just had my 3rd cervical fusion a few years ago...
And on the other issue about
the pain meds causing you issues...I am almost certain that in your records you signed something showing the side effects that are possible with narcotic medicine....As well as the pharmacy, by law, every single time you pick up your medicine...hands you the information about
each medicine and the long list of side effects....
Yes..there are some awful Dr.s out there...and if you research online about
your particular Dr. and see that he has a long list of complaints against him...then you might have a case with the medicine...
If this Dr. is truly negligent and has proven records of causing others harm..then go forward. Just be extremely careful of what type of lawyer you are choosing...there are many unscrupulous one's that will take your money...
I just am really trying to help you by saying that maybe it would be best to follow the procedures to get your medical records first....Read through all of them and then go from there..
You have to decide what the percentage of actually winning a case is (maybe 5% or less) with the tens of thousands of dollars it will cost...along with the added pain and stress of this...
I really feel for you and your pain...we all empathize with you here...I wish you luck!!
****The federal law called the HIPAA Privacy Rule gives you the right to see, get a copy of and amend (correct) your medical record by adding information to it. (HIPAA stands for the "Health Insurance Portability and Accountability Act.") Most states also have laws that give you rights in your medical record.
The U.S. Department of Health and Human Services (HHS) provides a procedure patients may follow if they believe their rights have been violated under HIPAA laws. It includes filing a formal complaint through an online process.
If the violation is heinous enough, the HHS, or even the Department of Justice, may invoke a penalty to the violating entity, ranging from a $25,000 fine to 10 years in jail and a $250,000 fine.
SB and "the pup who snores loudly"
ACDF C5-C7, (no hardware), with autograft bone Nov. 2001
(reabsorption of bone 2 years later...still lost in body..expect to burp it out at anytime..haha"))
ACDF with hardware, allograft bone Nov. 2005
Anterior and Posterior CDF, allograft bone with BMP, removal of old hardware, use of titanium plates, rods, screws, & kitchen sink (lol) Oct 2006