Jahi’s family wants her declared 'alive again’

[MyBelle]

Every facility I've worked at has had the same policy: Patients/or other designated individuals may view the medical record at the hospital. The medical records will not be copied and distributed to these individuals until patient is discharged, and the request must be made in writing to assure that only the proper person is receiving the record.

BBM. Not in California. According to the mother's comments transcribed up thread, the hospital would not even let her see the medical records.

The federal Health Information Portability and Accountability Act (HIPAA) gives patients the right to obtain a copy of their medical records from any medical provider......in California, providers must allow patients to see their records within five days of the request and must provide copies of those records within fifteen days.


http://www.nolo.com/legal-encyclopedia/getting-medical-records-information-rights-32220.html

 

[TJL]

It's good to see there's at least one more law the mother frivolously accused CHO of violating, especially something so easily provable were it ever to become a true legal issue. It's no wonder Dolan hasn't taken all her outlandish claims and sued CHO. The mere fact he hasn't and stated he won't, just says even he knows her accusations aren't true. If the absence of any suit isn't telling enough, we can also fall back on the fact that CHO was already investigated to see if there was any wrongdoing or violations, and they were cleared of all that, too. Nailah's public accusations were just that...accusations, and totally unfounded.

 

[al66pine]

Every facility I've worked at has had the same policy: Patients/or other designated individuals may view the medical record at the hospital. The medical records will not be copied and distributed to these individuals until patient is discharged, and the request must be made in writing to assure that only the proper person is receiving the record.

Just curious about request for med records at hosp.
If a parent told a nurse on floor where his/her minor child was a pt, I want to see my child's chart now this minute,
what would approp response be, per hosp policy?
Get a supervisor or ___, who would then advise parent---what?

Anyone who has worked at hospitals, pls?

 

[wendiesan]

A detailed description of the process for obtaining medical records for a patient at USCF Benioff Children's Hospital Oakland may be found at http://www.childrenshospitaloakland.org/main/Medical-Records.aspx#HowtoObtain.

Included is the information that written requests for copies of medical records will be processed and completed withing 7-15 business days. There is a charge of 25 cents/page for copied records in accordance with California law. All requests must be made in writing either on a specific form or in a letter which includes

Patient's name
Patient's date of birth
Date of visit
Description of the information you are requesting (e.g., surgery report, x-ray report, discharge summary, etc.)
Purpose of your request (e.g., personal use, for you, physician, attorney, court, etc.)
Delivery address
The requesting person's name and signature
The requesting person's relation to the patient (e.g., parent, grandparent, sibling, self.)
Copy of a picture ID

Due to a large volume of requests, copies of record are not immediately available. Once the HIM Department receives your authorization, the records will be mailed in 7 to 15 business days.
Business days do not include legal holidays, Saturdays, or Sundays.
Individuals picking up records must show a picture ID for verification.
Under no circumstances can medical records be faxed.

Additionally, medical records may be reviewed at the HIM Department by appointment within five days of the request at no charge.

As well, if someone requests ALL records rather than a very detailed patient abstract, additional time will be required to collect, prepare, and distribute the information.

If more time is needed to process your request, you will receive a written explanation stating by what date we will respond to your request. The response date may not be later than 90 days from the receipt of the request.

 

[al66pine]

....This is not an official transcript and is not connected to any of the parties in the interview.
All errors are my own. http://www.ktvu.com/videos/news/mcmath-vigil-raw-video-of-jahi-mcmaths-mothers/vCLZHH/ ....
McMath Vigil: Raw video of Jahi McMath's mother's comments to reporters
Tuesday. Speakers: NW (Nailah Winkfield) UR (Unidentified Reporter) OS (Omari Sealey) ....

NW: .... I know that is not normal, and so I definitely want to find somebody else and get a second opinion because I just feel like they're gonna try to cover it up 'cause they all work together I tried to go get her medical records yesterday. They definitely wouldn't give me those and I really, I want those. I'm entitled to those. I'm her mother and they, first they, first they were really nice about it when I went there. It was like, Oh yeah, let, let's see. And then when they read her name and started reading and I don't know what they was reading on the computer, another lady stood up and stood behind the other lady and looked and was like "Oh no, you can't have these 'cause she's still admitted. We only can give you medical records if she is released and she's not admitted." I said "Well, you said that she's dead right? If she's dead, why you can't give me her medical records?" "Oh no, can't give them to you and when we do finally give them to you looks like ten days and…" I already knew that that part would start um it seemed like I've never had a problem getting' medical records for my children before, but now, after this incident, now it's a issue why I can't get my child's medical records so I just feel like I'm, I'm stuck because it's just me and it's against them....

bbm sbm


HIPAA summary posted here say she would be entitled to dau's med records in _ days; and per CA law 5 days.

Seems, per above interview, Jahi's Mom expected them immediately.
Is it poss that when Mom got Jahi's med records, perhaps from dr offices, previously she got them on the spot and
expected hosp records to be provided the same way?

She said hosp would not give her med records, but it seems HIPAA & CA statute do not req. hosp to provide immediately.
IOW her expectation was not in line w fed or st law?

And a big Thank You, wendiesan, for your transcript.

 

[al66pine]

A detailed description of the process for obtaining medical records for a patient at USCF Benioff Children's Hospital Oakland may be found at http://www.childrenshospitaloakland.org/main/Medical-Records.aspx#HowtoObtain....
Included is the information that written requests for copies of medical records will be processed and completed withing 7-15 business days. There is a charge of 25 cents/page for copied records in accordance with California law. All requests must be made in writing either on a specific form or in a letter which includes ....
Additionally, medical records may be reviewed at the HIM Department by appointment within five days of the request at no charge. ...
As well, if someone requests ALL records rather than a very detailed patient abstract, additional time will be required to collect, prepare, and distribute the information.

Another Than You, wendiesan!!!! for ^this info^.

Somehow, when an unhappy parent is on camera w MSM, there is rarely any question about what they say,
things that a reporter could easily ask about. That would spoil the David v. Goliath narrative, I suppose.

 

[MyBelle]

Just curious about request for med records at hosp.
If a parent told a nurse on floor where his/her minor child was a pt, I want to see my child's chart now this minute,
what would approp response be, per hosp policy?
Get a supervisor or ___, who would then advise parent---what?

Anyone who has worked at hospitals, pls?

You have to make the request in writing. Which is apparently what Jahi's mother did if the transcribed statements up thread are accurate. She said she was only denied after the workers discovered she was requesting Jahi's records. Then, they refused citing some protocol that is in violation of both state and federal laws.

That's why consumer watchdog groups have been all over this case from the beginning.

JMO

Jahi's mother has criticized nurses' response to her daughter's bleeding. However, there were no nursing notes detailing the hemorrhaging episode, Court said.

"The records are worse than incomplete, but even what's there still has red flags," Court said. "That's often how they conceal medical negligence."


http://www.mercurynews.com/ci_25338082/jahi-mcmath-family-calls-state-report-b-s

 

[MyBelle]

The Hospital's insistence medical records could not be viewed until after discharge was not in compliance with state or federal law.

JMO

The family met with Children's Hospital administrators to ask for Jahi's medical records. The eighth grader, who is now brain dead, has been on life support since last week and her family wants to know why she went into cardiac arrest after a routine tonsillectomy.

"What is absolutely ridiculous is that this hospital says to them, 'You cannot have an independent doctor come in and see her and examine her and you cannot have her medical records to take them to an independent doctor,'" said Chris Dolan, the family's attorney.

http://abc7news.com/archive/9366922/

 

[MyBelle]

Another Than You, wendiesan!!!! for ^this info^.

Somehow, when an unhappy parent is on camera w MSM, there is rarely any question about what they say,
things that a reporter could easily ask about. That would spoil the David v. Goliath narrative, I suppose.

If a hospital denied me access to my child's medical records AND refused to allow me to bring in my own doctor for a second opinion, you bet I would find a camera....

JMO

 

[K_Z]

None of us has seen Jahi's medical records so we are just speculating as to what care she did or did not receive. A patient doesn't have to be declared dead to file a medical malpractice lawsuit.

JMO

BBM. Yes, definitely, I can make some conclusions about what care Jahi received, without seeing any medical records.

Well, we know with certainty that a tracheostomy of any variety was not placed during the "events" that lead up to, and followed, the reported hemorrhage and cardiac arrest, because the family petitioned the court to PLACE a trach to replace the endotracheal tube, after death was declared. They were pretty clear about that, and it was widely reported, and documented in the court records. So, I'm pretty sure I can say she didn't have a trach, without seeing medical records.

And Nailah Winkfield has repeatedly stated Jahi's heart and organs are functioning well with no meds or other support beyond the vent and g- tube. Jahi's 13 year old heart beats effectively 10 months after her brain death, following reported cardiac arrest. It isn't necessary to see medical records to know that her heart wasn't excessively damaged during whatever kind of "cardiac arrest" situation and duration she experienced. The heart beats 10 months later, despite all that happened. The arrest was handled promptly, or else the heart muscle would have been seriously damaged, and we would *know* about that by today, October 15, 2014. None of us need to see medical records to determine THAT.

 

[K_Z]

I think the matter could land in federal court because Jahi's mother now resides in N.J. If board-certified physicians believe Jahi is alive, she continues to have protected civil rights.

JMO

I might agree with you, if Jahi didn't already have a death certificate issued by the state of California, that was thoroughly investigated by the courts and an independent appointed expert 10 months ago.

It's done. "Alive again" strategy is going exactly nowhere in the court system. Stand by for a new strategy. They are not done yet, IMO.

 

[K_Z]

BBM. Not in California. According to the mother's comments transcribed up thread, the hospital would not even let her see the medical records.

The federal Health Information Portability and Accountability Act (HIPAA) gives patients the right to obtain a copy of their medical records from any medical provider......in California, providers must allow patients to see their records within five days of the request and must provide copies of those records within fifteen days.


http://www.nolo.com/legal-encyclopedia/getting-medical-records-information-rights-32220.html

Again, we have ONLY one side of the story. I agree with others up thread that NW likely did not follow the established policy of CHO, at the time she complained of that. The policy is the same for everyone. She possibly didn't want to be lumped in with "everyone", and wanted an exception. IMO. That is consistent, IM
O, with a lot of her behavior over the last 10 months.

 

[K_Z]

BBM. Not in California. According to the mother's comments transcribed up thread, the hospital would not even let her see the medical records.

The federal Health Information Portability and Accountability Act (HIPAA) gives patients the right to obtain a copy of their medical records from any medical provider......in California, providers must allow patients to see their records within five days of the request and must provide copies of those records within fifteen days.


http://www.nolo.com/legal-encyclopedia/getting-medical-records-information-rights-32220.html

IMO, I just don't believe a lot of what NW says. JMO.

The attorney clearly knows the procedures for both reviewing, and obtaining copies, of medical records.

<modsnip>

 

[K_Z]

It's good to see there's at least one more law the mother frivolously accused CHO of violating, especially something so easily provable were it ever to become a true legal issue. It's no wonder Dolan hasn't taken all her outlandish claims and sued CHO. The mere fact he hasn't and stated he won't, just says even he knows her accusations aren't true. If the absence of any suit isn't telling enough, we can also fall back on the fact that CHO was already investigated to see if there was any wrongdoing or violations, and they were cleared of all that, too. Nailah's public accusations were just that...accusations, and totally unfounded.

In all fairness, they type of inspection review that CHO was submitted to was a COMPLIANCE inspection. It was not any kind of specific review of Jahi's case, and was never INTENDED as that kind of review. It is beyond ridiculous that the family and attorney COMPLAINED to the media that they weren't interviewed, as a matter of course in this inspection! NO FAMILIES are interviewed in a compliance inspection! But it makes a splashy headline, right?

The kind of things that are surveyed in a compliance inspection/ audit are things like, do you have a pre-op checklist, and what does it contain, and is it based on professional and national criteria, and was it done in at least "x" percentage of cases, and is it in compliance with regulatory standards? This was not an audit of the care Jahi received. It was colossally unfair that it was portrayed as something it was not. And, IMO, the attorney Dolan knew that.

http://www.mercurynews.com/ci_25332221/jahi-mcmath-state-releases-report-childrens-hospital-oaklands

 

[K_Z]

You have to make the request in writing. Which is apparently what Jahi's mother did if the transcribed statements up thread are accurate. She said she was only denied after the workers discovered she was requesting Jahi's records. Then, they refused citing some protocol that is in violation of both state and federal laws.

That's why consumer watchdog groups have been all over this case from the beginning.

JMO

Jahi's mother has criticized nurses' response to her daughter's bleeding. However, there were no nursing notes detailing the hemorrhaging episode, Court said.

"The records are worse than incomplete, but even what's there still has red flags," Court said. "That's often how they conceal medical negligence."


http://www.mercurynews.com/ci_25338082/jahi-mcmath-family-calls-state-report-b-s

No. That's incorrect. She could not have the records because Jahi had not been released to the medical examiner yet. Jahi was deceased at that point, and not eligible for transfer to another facility.

All the issues contested by NW go back to the declaration of death. She disagrees with that determination, which has been validated by several docs, the courts, and independent appointed experts. That doesn't make her "right". It just means she disagrees. Lots of people disagree with some laws, statutes, and the outcomes of civil and criminal litigation.

 

[MyBelle]

No. That's incorrect. She could not have the records because Jahi had not been released to the medical examiner yet. Jahi was deceased at that point, and not eligible for transfer to another facility.

All the issues contested by NW go back to the declaration of death. She disagrees with that determination, which has been validated by several docs, the courts, and independent appointed experts. That doesn't make her "right". It just means she disagrees. Lots of people disagree with some laws, statutes, and the outcomes of civil and criminal litigation.

BBM. I have posted links to both state and federal laws that say the medical records must be made available to view within five days. The hospital policy also reflects the five day rule and it is posted up thread.

Time to agree to disagree and move on.

JMO

 

[K_Z]

BBM. I have posted links to both state and federal laws that say the medical records must be made available to view within five days. The hospital policy also reflects the five day rule and it is posted up thread.

Time to agree to disagree and move on.

JMO

Your links apply to living patients.

From your link:

Records of deceased persons in certain circumstances.

If you are the personal representative of an estate -- either designated by a will or appointed by a court to settle a deceased person's affairs -- HIPAA gives you access to the deceased's medical records. In addition, if you are related to a deceased person and certain information in that person's medical file relates to your own health, HIPAA lets you access that information.

 

[TJL]

IMO, I just don't believe a lot of what NW says. JMO.

The attorney clearly knows the procedures for both reviewing, and obtaining copies, of medical records.

<modsnip>.

Thanks X1000.

 

[TJL]

In all fairness, they type of inspection review that CHO was submitted to was a COMPLIANCE inspection. It was not any kind of specific review of Jahi's case, and was never INTENDED as that kind of review. It is beyond ridiculous that the family and attorney COMPLAINED to the media that they weren't interviewed, as a matter of course in this inspection! NO FAMILIES are interviewed in a compliance inspection! But it makes a splashy headline, right?

The kind of things that are surveyed in a compliance inspection/ audit are things like, do you have a pre-op checklist, and what does it contain, and is it based on professional and national criteria, and was it done in at least "x" percentage of cases, and is it in compliance with regulatory standards? This was not an audit of the care Jahi received. It was colossally unfair that it was portrayed as something it was not. And, IMO, the attorney Dolan knew that.

http://www.mercurynews.com/ci_25332221/jahi-mcmath-state-releases-report-childrens-hospital-oaklands

Thank you for clarification. I admit I got drawn into believing it was apparently something it was not, because it was touted by "both sides" as being just that. Thanks again for explaining and helping me to understand that I was wrong

 

[TJL]

Again, we have ONLY one side of the story. I agree with others up thread that NW likely did not follow the established policy of CHO, at the time she complained of that. The policy is the same for everyone. She possibly didn't want to be lumped in with "everyone", and wanted an exception. IMO. That is consistent, IM
O, with a lot of her behavior over the last 10 months.

Really couldn't have said this better myself. Tigers don't change their stripes, and all that. She (NW) has an established pattern of behavior that reflects a very demanding, pushy, confrontational, and rude person that always wants everyone to make exceptions to the rules for HER. Kind of like in the raw camera footage where she said, "I just want them to do the test one more time and see what it says." And then goes on to say, "And even if that one more test says the same thing, I still won't believe it."

So, she also comes across as the type of person who only listens to what she WANTS to be told, or only believes what she WANTS to hear. If anyone says or does anything that she doesn't want to hear or see, then that is not acceptable for her and she will fight it until an exception is made for her.