Hip Replacement Recipients Encouraged to Obtain Their Medical Records

Since DePuy Orthopaedics recalled its ASR hip replacement devices back in August 2010, many people have been wondering whether or not their hip replacement procedures were performed using one of these devices. The only way to be completely sure is to contact the surgeon who performed the procedure to determine the risk factor of the device failing.

Many patients are learning that access to medical records can prove problematic. In the United States, patients are entitled to view almost anything in their records, with very few exceptions. None of these exceptions is relevant to records of a hip replacement surgery. Most requests for access can be honored during an informal doctor/patient consultation, or by requesting to pick up the records from the physician’s office. In some cases, however, gaining access is proving difficult. If patients meet with difficulty obtaining records from their physicians or their staffs, steps can be taken to obtain the pertinent details. Very often, a request in writing may be required, in addition to nominal costs for copying records and the required postage needed to deliver them to a patient. If a request goes unanswered, patients are advised to contact the Office of Civil Rights of the U.S. Department of Health and Human Services to file a complaint. A patient should also make inquiries to any state-level agencies that could prove helpful in these circumstances. Filing a complaint could result in the physician getting reprimanded and ordered to turn over the records per the patient’s request.

The Rottenstein Law Group has highly skilled hip replacement lawyers advocating for patients affected by the DePuy hip recall. An integral part of the process is having access to medical records that prove patients were harmed by negligence on the part of DePuy Orthopaedics and its parent company, Johnson and Johnson. Patients are advised to be persistent, yet calm, in their efforts to obtain their medical records. Victims are also advised to consult the Web site the Rottenstein Law Group has established to keep patients updated on the latest news about the DePuy hip recall lawsuit.