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Legal options for obtaining my surgical photos from Dr Diep?


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  • Senior Member

I've been trying to get my surgical photos from Dr Diep for over a year. Every time I would follow up, they would say they are still working on it. Recently they started ignoring my follow ups. I have been informed in my consultations that those photos would be helpful in my lifetime planning, since we can look at where exactly they tried to implanted grafts previously. 

I had tried before and given up, until my consultation with Dr Gabel. He informed me that those photos are a part of my medical record, and that I am legally entitled to them, and if they refuse, there are some legal options that could be painful for them. 

I am now looking to consider whatever options, any help, or directions to look at would be helpful. My guess is a lawyer who specializes in cometic surgery. Any advice or directions to look in would be greatly appreciated. 

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  • Valued Contributor

Excellent question @HairRun. I am potentially in a similar situation as yourself. A few years ago I discovered that The Knudsen clinic still have photos of me from when I was 25 and had some grafts excised from my hairline. Back then Dr Richard Shiells did the surgery and another one (to remove plugs and some scar tissue). Dr Knudsen went on to take over the business from Dr Shiells when he retired. I'm about to write to Knudsen, Anyway I certainly hope you are able to obtain your pics back from Diep. All the best!

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  • Moderators

Most people use email and texts these days, but you need to send an actual letter to them through the mail requesting your medical records including any and all photos. You should write something similar to:

-----

(Date)

(Your Name and mailing address here)

 

(Clinic mailing address here)

 

To (clinic name here) and Dr. (Dr name here) and staff,

    I have sent several (emails, texts , phone calls - whatever way you have been communicating with them about this) regarding my medical records and photos. I am now sending you this letter to formally request that a copy of my complete medical records including any and all photos be sent to me at the mailing address shown above. I am requesting these records as it is my legal right to do so. Please respond in a timely manner, so that this issue does not escalate further.

 

Thank you,

(your name here)

(handwritten signature here)

 

-----

Keep a copy for yourself. You should send it by certified mail if you can as that is the best way to have it legally recognized as being sent by you and received by them. If you don't get anything from them within a few weeks you can give the copy of the letter to a lawyer.  Most likely you will get your records from them very quickly because they know once a lawyer gets involved and they have refused to send you your medical records that could be a problem for them.

NOTE: I am not a lawyer. I am only giving my personal opinions, however sending a letter like this worked for me years ago.

 

 

Al

Forum Moderator

(formerly BeHappy)

I am a forum moderator for hairrestorationnetwork.com. I am not a Dr. and I do not work for any particular Dr. My opinions are my own and may not reflect the opinions of other moderators or the owner of this site. I am also a hair transplant patient and repair patient. You can view some of my repair journey here.

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  • Senior Member
6 hours ago, HairRun said:

I've been trying to get my surgical photos from Dr Diep for over a year. Every time I would follow up, they would say they are still working on it. Recently they started ignoring my follow ups. I have been informed in my consultations that those photos would be helpful in my lifetime planning, since we can look at where exactly they tried to implanted grafts previously. 

I had tried before and given up, until my consultation with Dr Gabel. He informed me that those photos are a part of my medical record, and that I am legally entitled to them, and if they refuse, there are some legal options that could be painful for them. 

I am now looking to consider whatever options, any help, or directions to look at would be helpful. My guess is a lawyer who specializes in cometic surgery. Any advice or directions to look in would be greatly appreciated. 

just send his office this thread. they ARE absolutely a part of your record. My thoughts are they have lost them. There is no reason they would not release the photos to you. If they have lost them you can ask them for a monetary compensation. 

 

Having said that, while it would help to have a photos from diep, in this day and age most people have tons of photos on smart phones. i am sure you can find enough photos there to give Gabel and idea of your hair loss patterns before and after

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Send me a private message with your name and date of surgery. I will reach out to him on your behalf. It shouldn’t be an issue. 

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I’m a paid admin for Hair Transplant Network. I do not receive any compensation from any clinic. My comments are not medical advice.

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