[ouch]

Can the psychiatrist do that? I'm in Canada. I asked her for my file because I'm going to a different province, and she said no. She said there were rules about that, and was very vague about it. Why can't I access it? I should be able to... I think she's supposed to let me see it/get it, isn't she? She said she would send them over to the next psychiatrist I'm seeing. I just felt it was unfair - it's about me!!! Now, I'm really curious what she wrote... Anyone else know about this/ had this happen?

[lesbo]

Hi Ouch
I can not say for sure as I am not a psychiatrist but, I would imagine your psychiatrist will not give you your file because it is actually her property even if it is about you.
I think with the notes being her own interpretations, this makes it very difficult for her to pass the notes onto you. What she has written is not what you have said but, is based on what she has percieved and if for example, you found something she said offensive or inaccurate, this could give cause to sue her and I think this is why they do not share their notes ....under any circumstances.
Her saying she could pass on her notes to another psychiatrist, is the ethical thing to do..... I am not even sure if she would actually send through yur entire file but, I would imagine it would rather be a summarised version of your sessions, your progress, etc.
It does seem unfair but, I think from a medical ethics view, it is the right thing to do.

[(JD)]

I don't know the laws in Canada. But even here in the USA where you do have the right to your records, it doesn't cover the doctor's personal notes etc. What records you do have a right to here are appointment comments of whether you arrived or not, what your diagnosis is, your ( or the insurance company)payments, your history which you gave them in the first place, etc.

I personally do NOT think it is a good thing for any mentally (or physically) unwell person to read their files, even if they were open to them. I'm sure the reasoning is the same as to why we do not have access to everything the doctor notates

Be well.

[Rhapsody]

In June 1992, the Supreme Court of Canada ruled in McInerney v. MacDonald that “in the absence of legislation, a patient is entitled, upon request, to examine and copy all information in her medical records which the physician considered in administering advice or treatment, including records prepared by other doctors that the physician may have received.”

http://www.web.net/~desact/anglais/public/dossiers.html

http://www.hrcr.org/safrica/access_i...macdonald.html

http://scc.lexum.umontreal.ca/en/199...2rcs2-138.html

http://www.legalinfo.org/pdf/patients.pdf

[1Dar]

From what i know you can have access to your records. I know I have also had some problems with this in the states. I have requested a copy and not recieved it because "we lost the request form" but if you are standing there asking there should be NO problem. The only reason I ca think of s that the psyc doesn't believe you that you are going to follow up or is angry that you are leaving and thus they are loosing a paitent.

Dar

[Eva1nder]

I live in nj, but I know that I asked my psychiatrist to give me all of my past files even before him. I said it in a way that I just expected I should be entitled to "my information."

He told me that under the law he didn't have to give it to me if he felt it was in my best interest not to. Another words if I wasn't mentally fit or it could damage me in anyway etc.

He did then follow up by saying, I will however give it to you because I don't believe you to be unstable and I understand how important it is for you to have your records.

So basically he was saying as a Psychiatrist he could make the call if he felt my records from (the hospitals and prior therapists etc.) would jeopardize my mental health in any way he can withhold them from me.

Crazy ... huh

[psisci]

You have the right to it's contents, but not the file itself. ask him to copy it for you, and if he declines, then call a lawyer who will get it done and bill the doc for his/her time.

[ouch]

I think my psychiatrist thinks I'm too unstable to get them... Nice eh?

[drunksunflower]

how come that's their call, not your call?

i don't know anything about the legal side of things (obviously) but morally i think people should be entitled to what are essentially records of THEIR own experiences.

in the US, you can get copies of any of your med files. i'd think you should be able to do so in Canada......

[desperado]

Ouch, I have had the same dilemma. I called the college of physicians & surgeons (think it was that; some time ago) & they said basically same thing: psychiatrist can fwd your file to new dr. or you can get a copy for like $200. Ridiculous.

I would mention the McInerney v. MacDonald precedent & also what Dr. Wylie said. I would be interested as to what your dr. says.

Is this a dr. @ the place where I think you are going? (TMCFP-CP).

It is funny how we pour our life out to these people & are met w/ such denial to our files. It angers me. It is our business, imho. If they are worried about covering their a$$es w/ what they wrote, well then, having us sign a waver before we get our file would solve that problem, no?

[lostson]

If she won’t give you the entire file ask for a summary report that's what I did. (Ask being the operative word)

[Genevieve]

</font><blockquote><div id="quote"><font class="small">Quote:</font>
psisci said:
You have the right to it's contents, but not the file itself. ask him to copy it for you, and if he declines, then call a lawyer who will get it done and bill the doc for his/her time.

</div></font></blockquote><font class="post">

At least in the US, that's only partly true. Mental health records are treated differently under the law than other medical records. As a patient, I can ask to see my records, or for a copy of them, but the mental health practitioner can decline to provide that access if he/she considers it not to be in the best interest of my mental health.

What the law specifies in Canada, I can't say.

Frankly, though, I'd discourage most people from reading their files. Even with a great therapist/psychiatrist, who really likes you, whom you've worked well with, there will still be things written in there that can be upsetting. If you feel you have ot access those records, I strongly recommend you do so with a therapist, and make examining those records part of a session or sessions.