Document your loss.
If you have suffered memory loss or cognitive issues following ECT, it is important to have documentation of loss. If you are able, seek neuro/cognitive testing from a psychologist who is certified in this area. Ask for a copy of these results for your personal record. For the record, you may also want to request an EEG from a qualified neurologist and retain a copy of the results.
You are entitled to your medical & psychiatric records.
Securing your records in “complete text” and in a timely fashion can be difficult in some instances. If you are considering litigation around the issue of informed consent and ECT, the following information and links will assist you in laying the ground work for that possibility. The time frame to file medical malpractice varies from state to state. Be sure to check with your state.
If you have not received your medical records within 30 days of your initial request you have the right to contact the Office for Civil Rights of the U.S. Department of Health and Human Services. They will review your complaint and decide whether a formal investigation is warranted. This federal agency deals with HIPAA violations (privacy laws and release of medical records).
Office of Civil Rights – Regional Offices
Region I – Boston (Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, Vermont)
Susan Rhodes, Regional Manager
Office for Civil Rights – U.S. Department of Health and Human Services
Government Center, J.F.Kennedy Federal Building – Room 1875
Boston, MA 02203
Voice phone (800) 368-1019
FAX (617) 565-3809
Region II – New York (New Jersey, New York, Puerto Rico, Virgin Islands)
Linda Colon, Regional Manager
Office for Civil Rights – U.S. Department of Health and Human Services
Jacob Javits Federal Building – 26 Federal Plaza – Suite 3312
New York, NY 10278
Voice Phone (800) 368-1019
FAX (212) 264-3039
Region III – Philadelphia (Delaware, District of Columbia, Maryland, Pennsylvania, Virginia, West Virginia)
Barbara Holland, Regional Manager
Office for Civil Rights – U.S. Department of Health and Human Services
150 S. Independence Mall West – Suite 372, Public Ledger Building
Philadelphia, PA 19106-9111
Main Line (800) 368-1019
FAX (215) 861-4431
Region IV – Atlanta (Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, Tennessee)
Timothy Noonan, Regional Manager
Office for Civil Rights – U.S. Department of Health and Human Services
Sam Nunn Atlanta Federal Center, Suite 16T70 – 61 Forsyth Street, S.W.
Atlanta, GA 30303-8909
Voice Phone (800) 368-1019
FAX (404) 562-7881
Region V – Chicago (Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin)
Celeste Davis, Regional Manager
Office for Civil Rights – U.S. Department of Health and Human Services
233 N. Michigan Ave., Suite 240
Chicago, IL 60601
Voice Phone (800) 368-1019
FAX (312) 886-1807
Region VI – Dallas (Arkansas, Louisiana, New Mexico, Oklahoma, Texas)
Jorge Lozano, Regional Manager
Office for Civil Rights – U.S. Department of Health and Human Services
1301 Young Street, Suite 1169
Dallas, TX 75202
Voice Phone (800) 368-1019
FAX (214) 767-0432>
Region VII – Kansas City (Iowa, Kansas, Missouri, Nebraska)
Steven Mitchell, Acting Regional Manager
Office for Civil Rights – U.S. Department of Health and Human Services
601 East 12th Street – Room 353
Kansas City, MO 64106
Voice Phone (800) 368-1019
FAX (816) 426-3686
Region VIII – Denver (Colorado, Montana, North Dakota, South Dakota, Utah, Wyoming)
Andrea Oliver, Regional Manager
Office for Civil Rights – U.S. Department of Health and Human Services
999 18th Street, Suite 417
Denver, CO 80202
Voice Phone (800) 368-1019
FAX (303) 844-2025
Region IX – San Francisco (American Samoa, Arizona, California, Guam, Hawaii, Nevada)
Michael Leoz, Regional Manager
Office for Civil Rights – U.S. Department of Health and Human Services
90 7th Street, Suite 4-100
San Francisco, CA 94103
Voice Phone (800) 368-1019
FAX (415) 437-8329
Region X – Seattle (Alaska, Idaho, Oregon, Washington)
Linda Yuu Connor, Regional Manager
Office for Civil Rights – U.S. Department of Health and Human Services
701 Fifth Avenue, Suite 1600, MS – 11
Seattle, WA 98104
Voice Phone (800) 368-1019
FAX (206) 615-2297
Records
The specific records listed below will give you, and the attorney you are trying to find, a picture of your mental and physical condition at the time of ECT consent. When the attorney accepts your case he will pull all your records for more detail. Most facilities charge for copies of medical records so this will help limit costs as well.
The following are the records you will need to request:
- All ECT consents signed and associated records for last admission
- All anesthesia consents signed on last admission for ECT
- Nursing medication record for 24 hours before every ECT treatment on last admission
- Any emergency room records on last admission
- Drug screen lab report
- Psychiatric admission and discharge summaries
- History and physical
- Social worker assessment
- Any 72 hour mental health hold paperwork
- Nurses notes 24 hours prior to EVERY ECT treatment
- Physicians progress notes 24 hours prior to EVERY ECT treatment
When you go to medical records, the following is important:
- Keep a log of every interaction you have with medical records department. Document who you talk with, any phone calls, letters you send (make copies of all correspondence)
- Document date, time, what was requested, and note any problems
- When you fill out the medical request form write in EXACTLY what is on the above list
- Do not have them mailed. Pick them up in person
- Ask for a copy of this medical request form
- When asked for reason for request of records tell them for personal reason (not litigation)
- Tell them you will pick them up in one week (be firm that is plenty of time)
- When you pick up your records have a copy of the initial request list and make sure it is all there. If it is not, tell them you will wait while they get it. (document in log)
- If after several attempts or continued problems to get what you want (>4weeks), you will want to contact the federal office in your state called the Office of Civil Rights. They do formal investigations when patients cannot obtain their medical records. They will send you a complaint form and when you return it include copies of your log, initial request, and copies of all correspondence. This usually gets medical records moving.
Do not be surprised to get a phone call from the physician who did your ECT or your private psychiatrist if different. He or she may suggest reading your medical records together in case there are any questions. This is optional. Keep in mind, however, that coercion could happen if this is the physician you are thinking about suing.
Protect your interests
If you have questions please contact us at Action@ECTJustice.com