Lost Medical/psycotherapy Records,bay Pines

[william n]

not to beat a dead horse, but my records are still missing,since Oct.17,2007,92pages..[tort filed; under the Privacy Act, 5u.s.c.552a]..i dont feel my patient-psycotherapist priviledge is protected any longer and have stopped all future appts.how would i go about getting fee-basis outside services??any idea's?? i don't think the VA will go for it now that a ftca95 filed. can i force their hand?? thanks,williamn

Edited November 15, 2007 by williamn

[john999]

You are going to have to prove some major wrong doing by the VA to show you need outside treatment. Terry Higgins did it by showing the VA abused him physically and mentally. They won't do Fee Base without a knock down ,drag out fight if you live within the area of a VAMC. The VA never admits wrong doing.

[Chuck75]

You can force them to provide care, or get a written reason that they refuse to provide care. It may take getting a political representative and/or a doctor and lawyer involved.

Let's say you need care, and they refuse to provide it in a timely manner. This can cause a malpractice and injury claim to be valid, and filing it would be necessary.

The real problem is that the claim involves psychiatric related care. This traditionally can produce a confrontational environment between the VA and a veteran. Currently, with the emphasis on VA mental care shortcomings, and the heat that is being applied to the VA, I would suspect that they would be very leary of what might happen if they refused to provide care.

Just think what CBS would be able to do with the refusal.

not to beat a dead horse, but my records are still missing,since Oct.17,2007,92pages..[tort filed; under the Privacy Act, 5u.s.c.552a]..i dont feel my patient-psycotherapist priviledge is protected any longer and have stopped all future appts.how would i go about getting fee-basis outside services??any idea's?? i don't think the VA will go for it now that a ftca95 filed. can i force their hand?? thanks,williamn

[/qpsychotherapistprivilegeuote]

[john999]

Has the VA actually refused to provide care, or is it that you don't feel your information is secure? If they refuse care then you have a hammer to hit them with, but if it is because you don't feel your information is secure it will be harder to get fee base. If you get fee base on this basis then all vets have a right to fee base, and the VA won't agree to that. This is one for the attorney. I am not sure any of our information is that secure.

[luvHIM]

You are going to have to prove some major wrong doing by the VA to show you need outside treatment. Terry Higgins did it by showing the VA abused him physically and mentally. They won't do Fee Base without a knock down ,drag out fight if you live within the area of a VAMC. The VA never admits wrong doing.

I agree with what John has posted on this one. I tried to get a fee base consult to outside rheumatologist because I was not satisfied with the care and treatment I was getting from the VA rheum. I was denied twice, even when my primary put it in as a "second opinion" type consult. I eventually began seeing an outside rheumatologist under my medicare. So, if you are seeking a fee base consult on the premise of your privacy being compromised, it will definitely be a challenge. Not impossible but a challenge.

[william n]

I agree with what John has posted on this one. I tried to get a fee base consult to outside rheumatologist because I was not satisfied with the care and treatment I was getting from the VA rheum. I was denied twice, even when my primary put it in as a "second opinion" type consult. I eventually began seeing an outside rheumatologist under my medicare. So, if you are seeking a fee base consult on the premise of your privacy being compromised, it will definitely be a challenge. Not impossible but a challenge.

thanks for all the input..i agree with whats been said, however the records are lost and cannot be found,i have a certified record disclosure from ROI office stating the records out there..somewhere..and naturally i dont feel that my privacy is protected any longer[what i did'nt know, did'nt hurt me]but it took me 25 yrs to confront and deal with the MDD, etc,.i desire treatment and told the shrink that[nothing personal]but i can't go on thinking what i share is soon to be in someones backyard,so to speak. i've requested a meeting with ??///??'s to seek a remedy.. i don't feel im unjustified in my request.. show me the lost documents and i'll jump right on my shrinks lap..but till then?? williamn

[Berta]

Have you applied within last year for SSA or SSI benefits?

I found that the SSA office, after my husband applied for SSA- had an enormous stack of all of his VA medical records- they even had considerable psychiatric records from the first VAMC that treated him -Newark NJ-

After his death I tried to get a copy of the Newark VAMC records and the VA said they had no records on him at all from Newark-which appeared like the Newark VA had never treated him at all-

but the SSA had received them all-

I dont know where they go from SSA- possibly they are retired by the VA-

but this is often one place a vet who has applied for SSA should check-the local SSA office that handled their SSA claim.