Legal Question in Health Care Law in California
Patient Taking Original Copies of Dental Records
I'm not sure what to do with this case; I'd appreciate any advice.
A patient came to our dental office today. As he was waiting for the doctor, the assistant let him know that his denture was not yet received from the lab. The patient got frustrated, took his chart (with all of his original records and x-rays) and left the office.
What are we supposed to do now? I believe that according to HIPAA we are responsible for the original records. We can issue copies to patients, but the original is property of the office.
Do we file a police report? Or do we just document it and let it go?
Thanks in advance for the advice.
1 Answer from Attorneys
Re: Patient Taking Original Copies of Dental Records
I would write a nice letter to the patient explaining that you are responsible for maintaining the records, you would be pleased to make a copy for the patient (as you must), and if there is any way in which you have failed to satisfy the the patient, would he or she please tell you (in a way that your staff can't intercept). I have encountered a number of cases where health care providers had employees who were unspeakably mean to patients, the doctors/dentists involved didn't have a clue, and any complaints by the patients that came in the mail were intercepted by Nurse Ratched. Maybe you could have comment cards available with business reply postage, addressed to your private PO box.
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