Call Kurtis: Woman Waiting for Records Gets Surgery

A state worker waiting for surgery in order to live pain-free finally got her wish. We met Stephanie Small back in July  when she said her surgery was being held up because her former doctor was not turning over her medical records. Stephanie says our report helped get her on the operating table, even though the doctor still wouldn't hand over her file.

"It's hard to describe, but I feel lighter," says Stephanie.

A huge weight lifted is off of Stephanie's shoulders after getting surgery she's waited months for. It's a stark contrast from our interview with her over the summer.

"It's pretty painful. It's pelvic pain, pain down my leg," she told us.

Suffering from endometriosis, she needed that surgery. But she says her OB-GYN Dr. Glenda Goodwin became unresponsive, and since last October has ignored requests to turn over Stephanie's medical records. Stephanie told us she couldn't get the surgery without her file. But fast forward a couple months...

"I am so happy! I am so happy, I can't even tell you," she says.

After our story aired, Stephanie says her medical group approved the surgery, even without her records.

"She told me, 'We were informed that Channel 13 had gotten involved and we want to help you.'" Stephanie recalls.

But Dr. Goodwin still hadn't turned over Stephanie's file. State law says a doctor has to provide a patient a copy of their records within 15 days of their request. Stephanie filed a complaint with the Medical Board of California last November.

"I was under the impression that she was supposed to be fined $1,000 a day, up to $10,000," says Stephanie, "Here we are, going on our tenth month."

Then finally in August, Stephanie learned the Medical Board got her records but they refused to give them to her.

"I was fuming," Stephanie exclaims.

Why can't the state agency that regulates doctors give you your own records? They tell us in a statement:

It is dependent on how the records were obtained by the Medical Board. If the Board used an administrative subpoena to obtain the records, Section 11183 of the Government Code makes it a misdemeanor to divulge the information obtained by the subpoena except under specified circumstances, and giving them to the patient is not one of those circumstances.

What is clear however, is that state law requires a physician to give a copy of the patient's records directly to the patient upon written request and payment of reasonable fees. The Board works with the patient and the physician to facilitate the direct release of the records from the doctor to the patient.

"I have to say that the Medical Board has frustrated me because they took their time," says Stephanie.

Tired of waiting, she called her state Senator, Ted Gaines.

"I think the nature of government is bureaucratic," Gaines tells us.

Sen. Gaines says his staffers got in touch with the Medical Board on Stephanie's behalf. And in a matter of days, Dr. Goodwin sent her the file. The Senator says it shouldn't have taken the Medical Board this long to get results.

"They need to make sure they're following up. It looks like they took initial action, but they need to take follow-up action," says Gaines.

Stephanie says the Medical Board told her it's going after Dr. Goodwin. But she says the most important thing for her was getting the surgery.

"I can see that light at the end of the tunnel," says Stephanie.

A week after the procedure, she's in recovery and on the road back to a normal, pain-free life.

"It was worth the fight because I know what the end result was going to be. And even though it took about a year, I'm definitely glad I stuck with it."

There is one hang-up leftover in this case. Stephanie says the records she received from Dr. Goodwin are incomplete. Our call to Dr. Goodwin was once again unreturned.

If she ends up getting cited or disciplined by the Medical Board, that information will be made public.