jnf3691

An ENT office lost two MRI discs of my brain

5 posts in this topic

On 10/17/16, I had an MRI of my brain sent from the original hospital performing the MRI to an ENT (Ear Nose Throat) office (by the ENT's request) to evaluate my symptoms.  A few weeks later, I requested the return of my brain's MRI because a Neurologist requested me to bring it to him to allow further evaluation of my symptoms.  The ENT office initially holding my MRI (since 10/17/16) informed me that they could not find my MRI anywhere in the office.  Since the ENT office never called me back about the matter, I contacted the ENT office a couple weeks later to remind them that I had requested my brain's MRI to be returned to me, and the ENT office informed me that it must be "misplaced" since the MRI remained to not be found anywhere in the office since October 2016.  The ENT office requested for me to have another MRI sent to them from the original hospital performing my brain's MRI.  The hospital sent another MRI to the ENT office on 1/26/17, and the hospital contacted me to confirm the MRI had arrived at the ENT office that day.  Two days later, I called the ENT office, and the ENT office stated that the second MRI must not have been received since it could not be found anywhere in the ENT office.  So, I contacted the appropriate department at the hospital, and the hospital employee provided me the FedEx tracking information, including the ENT employee that signed for the recent MRI delivery.  Upon my request, the hospital also provided the FedEx delivery information, including the ENT employee that signed for the delivery, concerning the 10/17/16 MRI delivery.  Next, I contacted the ENT office, and I asked for the person that signed for the MRI delivered a few days ago.  That ENT employee, the same desk person that said a few days ago how the MRI must not have been sent, explained that the office somehow "misplaced" my second brain MRI.  Apparently, the ENT office lost ("misplaced") two of my brain MRI discs.  This means that there are two MRI discs of my brain somewhere they should not be, in the possession of God knows who, and being used for whatever purpose the holder of either disc intends using the information to accomplish.  I know that I, the person whose brain was the subject of the MRI, had to sign a special release form to allow my MRI to be given to me, or to be delivered to any other medical facility.  My concern is about the legal ramifications of the ENT losing two of my brain MRI discs.  Is it my tough luck that some deviant(s) might have my brain MRI discs, or would this be considered some type of medical negligence regarding the ENT office losing two of my brain MRI discs?  

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51 minutes ago, jnf3691 said:

My concern is about the legal ramifications of the ENT losing two of my brain MRI discs.  Is it my tough luck that some deviant(s) might have my brain MRI discs, or would this be considered some type of medical negligence regarding the ENT office losing two of my brain MRI discs?  

 

Do yourself a favor and rein in the drama lama. Even if there are legal issues here you aren't getting any money out of it so here's my advice.

 

Have the hospital make you a couple of discs of your MRI. Pick them up personally. Make an appointment with your ENT doctor and bring one of the discs to him personally so that he can review the MRI during the appointment.

 

I do that every time I get an MRI.

 

The advantage of you having your own copy is that you can look at your own MRI on your computer.

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For starters, when you speak of having the MRI "returned to" you, I assume you are talking about having a copy of the image sent to you (or to the other doctor).  Right?  "Return" implies that you had it to begin with, which doesn't seem to be the case.

 

 

1 hour ago, jnf3691 said:

Apparently, the ENT office lost ("misplaced") two of my brain MRI discs.  This means that there are two MRI discs of my brain somewhere they should not be, in the possession of God knows who, and being used for whatever purpose the holder of either disc intends using the information to accomplish. 

 

That's not a logical conclusion.  You have no reason to believe that the discs are anywhere other than the ENT's office.  The only necessary conclusion here is that the ENT cannot find the discs (which might reasonably lead one to conclude that the ENT's staff is incompetent).

 

 

1 hour ago, jnf3691 said:

My concern is about the legal ramifications of the ENT losing two of my brain MRI discs.  Is it my tough luck that some deviant(s) might have my brain MRI discs

 

Ummm...what exactly do you think someone ("deviant" or otherwise) might do with an MRI that might create problems for you?

 

 

1 hour ago, jnf3691 said:

would this be considered some type of medical negligence regarding the ENT office losing two of my brain MRI discs?

 

"Medical negligence" typically refers to negligence in the provision of medical treatment or diagnosis.  However, if you were to suffer legally compensable damages as a result of this doctor losing your MRI, you probably would have a good negligence claim.  Of course, as noted above, I can't imagine how that might happen (although I assume that you are not being charged for having to obtain multiple copies as a result of the ENT's carelessness).

 

If it makes you feel any better, I had an MRI done about 10 years ago (give or take).  I don't have the slightest idea where the MRI is now or who might have copies of it (I don't recall where I had it done or who the doctor was who ordered it and don't know if I still have any relevant documentation).  For all I know, a plethora of "deviants" have copies and are using them for who knows what.  Accordingly, I am in exactly the same boat as you.

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Wow, such sarcasm.  Sorry, reprehensible me, I used poor word usage by writing "the return of," instead of writing "giving me," while attempting to convey that I wanted my MRI for another physician.  Due to my frustration, and making an very inconveniently far drive to the original hospital performing the MRI (I reside in a rural area very far from the hospital capable of performing a brain MRI), I was curious whether there was any responsibility of the ENT office to secure my MRI discs.  I am fine with not recovering "money," but I wondered whether the office should receive some type of penance.  The plausible advice to drive all the way back to this hospital to retrieve another MRI copy is exactly what I had done.  Yes, I now have my own MRI copy.  I guess my being facetious about "deviant(s)" deserved such a tone.  Anyway, thanks for your remarks.  I am all wet from lama spit while wrangling that critter.

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Frankly, I would look for another ENT, and or make the actual ENT aware of the problems you have had with the staff. There isn't really recourse for something like this, unless you can prove damages or that they gave the MRI to someone they should not. if they gave it to someone they should not, you could file a HIPAA complaint. it is unlikely much would come of it, but that would be the process.

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