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Medical equipment rental company "lost" my son's records???

A brief history:
My infant son was sick in January causing him to be hospitalized 3 times. His pediatrician ordered him to have a home apnea monitor which we rent from this particular company. The monitor alarms when he isnt breathing or when his heart rate is above or below a designated parameter. It also records EVERYTHING which we can obtain thru a download done by the rental company. My son's pulmonologist ordered the download for my son's appointment last week but the rental company failed to provide it. To make this part of the long story short, lets just say they've been feeding me a lot of BS but the jist of it is they lost the download. This was vital information for the appropriate treatment of my son. What legal rights do we have? This is absolutely crazy!

Answer Question
 
Munchkin09

Asked by Munchkin09 at 7:25 AM on Apr. 21, 2010 in Kids' Health

Level 4 (28 Credits)
Answers (4)
  • there is probably nothing you can do to them "legally". If your looking for them to have to pay you, that probably will NEVER happen. Just keep collecting data from the machine.


    The only problem that I had was when I turned the machine in, they later claimed I hadn't, and then they tried to sue me for $600. I had a certified mailing receipt and they dropped it after a couple months of back and forth arguments.

    VeronicaLee

    Answer by VeronicaLee at 7:49 AM on Apr. 21, 2010

  • I disagree. I would think that there is a legal issue here if you have been paying them for this service and they did not provide it. That would just be like paying a contractor and he takes your money and doesn't finish the job. I am not sure how you would go about it but I would also contact the BBB about the company.
    Anonymous

    Answer by Anonymous at 8:22 AM on Apr. 21, 2010

  • I don't know Anon.. how can she prove she ever downloaded the information. When we had a monitor you had to hook it up to the phone to download. I think your just screwed.... sorry
    Anonymous

    Answer by Anonymous at 8:42 AM on Apr. 21, 2010

  • If your insurance company paid for the monitor's rental, then your only recourse may be through them. If you complain to your insurance company, they may fight the battle on your behalf, but what would mostly likely happen would be that the ins. may no longer use that particular HHC. The thing with technology is that glitches happen and you just have to live with them, unfortunately, so there really isn't any other legal recourse for you. A friend of mine had this happen with her son's heart monitor and they had to redo the monitoring. She complained to her ins. company about the HHC (it wasn't their first issue with that particular company) and her ins. took the HHC off their approved provider list. While it didn't get the monitor data back, at least nobody else w/her ins. will have to deal w/that in the future, and the HHC may clean up its act b/c now its incompetence is hitting in its pocketbook, y'know?
    Anonymous

    Answer by Anonymous at 8:59 AM on Apr. 21, 2010

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