Requesting Pathology but they don't want to release...

Posted by ExaltedSunrise @darrenh05, 2 days ago

If anyone could help with suggestions, I'd be grateful.
I have done NGS at a major center in NY. I have requested my Digital Whole slide pathology images and a few other things (VCF file, BAM/CRAM files, FASTQ files etc). They say the policy is that the medical records is the clinical result - not raw data.
I am wanting this above for further testing possibly with more advances/sophisticated AI. I'm not alleging an error in testing.
How do I get what I am requesting?

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Profile picture for mjp0512 @mjp0512

@daveys - In his OP, he is asking for the slide image files, not the slides themselves. Additionally, he's asking for text based or Samtools package files, none of which are slides or organic samples. They are merely data or data compression files. No reason these should not be available.

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@mjp0512
Yes, even Dr. Kwan here on Mayo in one of his presentations said that all patients should ask for digitalized files of their radiation field so if they ever come to Mayo they can show them what field was involved and than a new plan can be made accordingly.

If anything - we all should ask for ALL files of anything ever done and have it at home ! Having copies of anything digital in multiple places is always a good idea, especially nowadays. IMHO

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Profile picture for mjp0512 @mjp0512

@daveys - In his OP, he is asking for the slide image files, not the slides themselves. Additionally, he's asking for text based or Samtools package files, none of which are slides or organic samples. They are merely data or data compression files. No reason these should not be available.

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@mjp0512

You are correct. I usually make remarks like Reading Comprehension 101, but THIS time I am making the remark to myself! lol

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See above my reply to mjp0512!

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Profile picture for daveys @daveys

@mjp0512

You are correct. I usually make remarks like Reading Comprehension 101, but THIS time I am making the remark to myself! lol

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@daveys
All good...🤣😁🤣

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Profile picture for daveys @daveys

@rlpostrp
"You are entitled by LAW to receive any and all test reports, treatment and progress notes, etc. that any health care provider has on you"

He is asking for the physical slides themselves. That is not so clear.

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@daveys
hoops...I missed that: the slides themselves are what he wants. Well...
He can ask to have those slides mailed to another physician for review and a report, but yes, the slides are likely and interpretively the property of the Lab. BUT...that would be an interesting court case because the tissue on those slide is "HIS" tissue. Unless the fine print of any disclosures document specified that the slides are, and will remain, the property of the health care institution that prepared them, he could have a case. If he signed-away those rights in the fine print (I doubt it), then the slides remain the property of the health care institution. "Interesting" situation.

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Hi,
Like someone else said, just get a second opinion to transfer the records. Maybe the hospital has rules about transferring raw data vs summary finding?

Dave 3+4

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when you had your first appointment, did someone give you several pages of papers to sign?? one was likely an acknowledgement of privacy practices (HIPAA) ask them for the copy you signed

they can only in a very limited manner withhold records if they believe it could cause medical harm ( this is ridiculous in your case. Tell them you are going to seek support from your state's medical review board and see what happens next

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After thinking about it I forgot I personally picked up the slides from hospital that did the biopsy and brought them to University of Penn for 2nd reading by the chief pathologist there. They then sent them back to original hospital. I signed off when I picked them up and could of kept them if I wanted. They didn't make a big deal out of it, the girl at pathology dept just said when do you want to pick them up. They probably already had them digitized in their system.

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dear Dr.........
This is my second ( or third or fourth) formal request for my medical records.
Specifically, I would like
a. pathology report dated ....
b. lab report from ......
c. clinical notes from my visit on ......
Please mail them (or email) to the following address:......
If there is a fee for copying these records, please let me know.
If this is expected to take longer than ten days please inform me
Respectfully,

.......

cc: State Medical Board (Board of Physicians each state has one but the titles can be different

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