Trump doc says Trump bodyguard, lawyer 'raided' his office, took medical files
Source: NBC
Dr. Harold Bornstein said he felt "raped" after White House aide Keith Schiller and lawyer Alan Garten showed up unannounced and took Trump's files.
In February 2017, a top White House aide who was Trump's longtime personal bodyguard, along with the top lawyer at the Trump Organization and a third man, showed up at the office of Trump's New York doctor without notice and took all the president's medical records.
The incident, which Dr. Harold Bornstein described as a "raid," took place two days after Bornstein told a newspaper that he had prescribed a hair growth medicine for the president for years.
In an exclusive interview in his Park Avenue office, Bornstein told NBC News that he felt "raped, frightened and sad" when Keith Schiller and another "large man" came to his office to collect the president's records on the morning of Feb. 3, 2017. At the time, Schiller, who had long worked as Trump's bodyguard, was serving as director of Oval Office operations at the White House.
"They must have been here for 25 or 30 minutes. It created a lot of chaos," Bornstein said, who described the incident as frightening.
Read more: https://www.nbcnews.com/politics/donald-trump/trump-doc-says-trump-bodyguard-lawyer-raided-his-office-took-n870351
pnwest
(3,266 posts)Response to pnwest (Reply #1)
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Stuart G
(38,414 posts)Response to herding cats (Original post)
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leftynyc
(26,060 posts)wanting his medical records? I simply don't see why this is even a story.
bucolic_frolic
(43,127 posts)signed consent for one
HIPPA regulations for another
The patient doesn't own his records. They are the property of the medical organization who made them and holds them.
While they might be bought or sold to third parties such as other medical providers in a merger or takeover, one cannot just run in and seize them.
exboyfil
(17,862 posts)Info but without a court order you cannot seize records. While you should always be able to get a copy,the records short of a court order are also the property of the medical clinic. They have an interest in preservation for insurance and lawsuits.If I had been the doctor, I would have called the cops.
Response to leftynyc (Reply #6)
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Doc should have called the police then. I honestly think this reflects FAR worse on the doctor than for donnie as you'll have a hard time convincing anyone that a patient doesn't have rights to their own records and who should have them. But feel free to make a big deal out of it. I think it's merely an interesting anecdote and ultimately means zero in the scheme of things.
John Fante
(3,479 posts)everyone gets in on the act. SMH.
Cold War Spook
(1,279 posts)I couldn't find where Trump went into the doctor's office and took his medical records. My wife can not see of take my medical records without written consent. My VA doctors can see my records on HealtheVet but my non-VA doctors have to have my written consent. It is a big deal.
leftynyc
(26,060 posts)on donnie saying Shiller didn't have his permission to get the records is barking up the wrong tree. It's a far bigger deal that the doctor spoke about drugs donnie was taking (although if it was in response to when he wrote that idiotic letter, it could be argued it was part of his medical opinion about donnie's health).
Cold War Spook
(1,279 posts)so what they did was illegal. Even if they show the doctor one now, what they did was still illegal.
Blackjackdavey
(178 posts)does continue to come off as substandard in this story. I run a clinic and this simply would be an impossible scenario given that we run a 21st century clinic a) with electronic records and b) zero possibility of anyone entering the old paper chartroom without being allowed entry. People do have the right to access their records, we give out copies all the time. We also have lawyers, law enforcement and parents court ordered to stay away from their children showing up at the window and summarily turned away nearly as often. People do not under any circumstances have any right to confiscate their records or destroy them completely. To be honest, many people may not realize this -- Trump certainly doesn't, in this day and age it is nearly impossible to destroy your records, especially here in New York, because everyone's records are uploaded electronically to the cloud. Fodder for a whole new thread I imagine.
True Blue American
(17,984 posts)No one releases records unless a waiver by the patient is signed. Even another Doctor.
KY_EnviroGuy
(14,489 posts)Could this doctor Bornstein be called before the medical board for allowing this without protest?
Could the attorney Garten be held liable for taking part in this illegal action?
The real shame is that most likely, no complaints or charges will ever be filed because they're afraid of tRump.
KY_EnviroGuy
(14,489 posts)It's good for us all to be reminded of those rules. Never the originals, just copies after proper request. Every time I've asked for mine, I have to sign a release form and then sometimes must make a second trip to get the copies. A lot of trouble but it is the proper thing to do to protect patient privacy.
......
True Blue American
(17,984 posts)From a Hospital or Medical office. Those original files belong to the Doctor or Hospital, not the patient. They stole them.
kacekwl
(7,016 posts)pnwmom
(108,975 posts)looking for DT's files -- which were hidden in various names DT used?
If the thugs themselves took the files, which is how all the articles sound, then they violated the HIPPA rights of every other person in the office.
angrychair
(8,692 posts)They came behind the counter as it were...your doctors office manager lets you go through their files? Mine would not in a million years...likely get arrested.
DownFromTheMountain
(226 posts)*
Volaris
(10,270 posts)If anybody else pulled that kinda HIPAA violation, HHS would put that anybody in prison.
leftynyc
(26,060 posts)Donnie is entitled to his own medical records and sent these guys to get them. What's the story?
GusBob
(7,286 posts)You cant have people just come and seize them.
It is privileged information, and private.
The Dr, on the other hand, should never have told what meds he gave the patient. He was in violation too
leftynyc
(26,060 posts)the authority and if they didn't, wouldn't we have heard about it LONG before now? And yes, the doctor screwed up big and I would have dumped him also for that very reason.
GusBob
(7,286 posts)it must be documented. I worked in the medical field for decades, this is a huge thing
Think about it, otherwise cops, lawyers, someone's family, insurance companies, could claim the authority to seize medical records.
leftynyc
(26,060 posts)This guy had been working with donnie for years already so it's not the same as the police or anyone else just turning up and demanding the records. Honestly, this is nothing and we shouldn't let it distract us.
GusBob
(7,286 posts)This is a true story.
A 18 y.o patient got stoned at work and injured himself. He told this to our Dr while being treated for the injury. He didnt want to file for workmans comp because he knew he would be drug tested.
His mother, on the other hand, hit the roof for the bill, and wanted to file a claim.
His mother, who had known the patient for his entire life, not just for years, demanded his records.
so by your view she should get them?
leftynyc
(26,060 posts)and her son was of age.
GusBob
(7,286 posts)Keith Schiller is not the patient. is he?
Glad we cleared that up
leftynyc
(26,060 posts)ha donnie's permission to get the records? You think he took it upon himself to raid that doctor's office. Sorry, the son already denied the request in your example which makes them NOT THE SAME AT ALL.
GusBob
(7,286 posts)What part of a signed consent form for records release, signed by the patient, don't you understand?
Its required by law, HIPAA, to release a patients records. You don't just "give permission", its a legal document that must be placed in the patients chart indicating that the records have been transferred.
You have been told this like 5 different times in this thread. What is your problem in understanding this?
leftynyc
(26,060 posts)Which I've stated before so I don't give a crap he wanted his records. It's the taking of the pictures off the wall which is the real problem. That's theft. I also don't think the average person is going to give a crap. And no biggie but it's dudette.
GusBob
(7,286 posts)There was actually no permission at all from the patient. The story as it is being presented:
1. The Dr blabbed to the press about the hair drug
2. Someone from the WH called and said you're fired
3. The WH Dr. Jackson wrote and said he was taking over the care of the patient. No consent form was provided. This Dr apparently was a drunk and a pill pusher, even so he should have known better about a records release ( in the military they are not needed often, perhaps he didn't know. Or was high)
4. The WH goons showed up and stole the original records. The original records belong to the Dr and the clinic. The pt is entitled to copies with a signed consent. (I checked with our old office, our form was printed name, signed name dated and witnessed by a third person who also signed). I diont think they took the ptcure they asked hime to take it off the wall
5. Now-get this- the drunken WH Dr claimed in his press conference that he didn't have access to the previous medical records. They may have been lost, or even worse, destroyed
at no time during this was there any indication at all from the patient to the Dr that he wanted the old records
There are reasons they have these privacy laws
uppityperson
(115,677 posts)If they did have a signed consent from trump, they needed to wait to be given copies. Taking them without permission of the doctor was illegal.
leftynyc
(26,060 posts)It was illegal. I simply don't give a crap about this in light of the hundreds of other offenses and don't think your average American will either. I
uppityperson
(115,677 posts)health care providers to keep records for a # of yrs. In NY, the original record is the property of the provider for 6 yrs. Even the president cannot simply take the originals. They certainly can get a copy, but who can get or see that copy is limited by HIPAA.
Do you remember when employers could call drs offices to get info on their employees? I do. I worked in a clinic and denied such requests because it's not ok to tell an employer who had gotten an abortion or what someone's medications were without their permission. However, it was within the clinic's legal right to share it. It's not legal now.
HIPAA also set legalities about sharing info about someone between different health care people, places, saying what needed to be shared, could be shared, and was limited.
It's not perfect but but better than it was. It might seem small potatoes compared to all the other stuff gong on, but many of us do give a crap.
Response to leftynyc (Reply #34)
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procon
(15,805 posts)that gives broad powers to a person designated to act on someone's behalf. Trump didn't do that because re didn't want anyone -- like a lawyer -- to know he was planning to commit a crime. He never wanted his medical records, he wanted to purge the evidence health, to eliminate everything, so he robbed his doctor's office and stole the whole file.
get the red out
(13,461 posts)Trump could have easily, and legally obtained a copy of his records, but operation appears to be about taking the records from the Doctor and making sure they never see the light of day under any circumstances.
Thekaspervote
(32,754 posts)True Blue American
(17,984 posts)Growth medicine. The Doctor was wrong but those records belong to the Doctor..
Wonder what they had to hide? Trump did not escape his personal Vietnam? He had a Venetian disease?
GusBob
(7,286 posts)It is an over-the-top obsession. His Dr should have known better than to blab about it
what they were trying to hide is his bald spot, his weakness
True Blue American
(17,984 posts)Pill popping,etc!
The Velveteen Ocelot
(115,670 posts)Is that where your canals overflow and flood your town square?
Orange Free State
(611 posts)herding cats
(19,560 posts)There's also the supposed lack of HIPAA release forms required by law, but I don't see that as a big deal unless the files weren't delivered to Trump.
It also shows how things work in the Trump WH.
After the story ran on February 1, 2017, Bornstein said Graff called him and said, "So you wanted to be the White House doctor? Forget it, you're out.' "
It's a glimpse of how people are treated by Trump and dismissed (even after 35 years) without a glance back if you dare offend him.
leftynyc
(26,060 posts)that about donnie - he has no friends and is loyal only to himself and Ivanka. All it would have taken was one phone call (and as far as either of us know, it was made) to donnie saying it was okay for his employees to pick up the records. The doctor screwed up the HIPAA laws himself by divulging the drug he took (for hair loss I think). Years ago, I walked into a doctor's office and demanded my records (I saw they were overcharging insurance company for treatment) - they turned them right over (perhaps dad being a malpractice lawyer had something to do with that).
herding cats
(19,560 posts)Sadly, not enough of the rest of the country did before he was elected, though. Which makes these types of revelations pertinent information as just who is in the WH.
procon
(15,805 posts)entitled to take the originals. As a matter of permanent record for medical, financial, insurance and legal evidence, all those primary documents belong to the provider of record.
What Trump's thugs did was a robbery.
herding cats
(19,560 posts)I didn't know you couldn't take the originals, but now that I think about it I've only ever been given copies of my records when I've requested them.
procon
(15,805 posts)Some reports just don't lend themselves to copying, or the quality might make the copy illegible, so the patient may want to make notes or even take photos. Or they just want to double check that they got everything.
The copying service also comes with a cost, and that can got a bit pricey if the patient also wants copies of xrays or imaging scans.
Sunlei
(22,651 posts)next.
niyad
(113,257 posts)hey, doc, quit using words (rape) that you do not understand.
Cracklin Charlie
(12,904 posts)Do those records belong to the patient?
Isnt that a violation of some law? Oh, right...
I wonder what would happen if today, out of office, Barack Obama sent some thugs to his doctors office to grab his records?
Fox would run it as breaking news for a month.
leftynyc
(26,060 posts)ANY patient is entitled to the own medical records from ANY of their doctors.
exboyfil
(17,862 posts)True Blue American
(17,984 posts)Copy.
bucolic_frolic
(43,127 posts)The health care provider owns the records, notes, documentation that was made in treating the patient.
Yes patients are entitled to them, to copies of them. But not to the originals.
You keep posting the same idea that patients can seize their records. Why don't you try it?
leftynyc
(26,060 posts)and they handed them right over. Of course, they knew dad was a malpractice lawyer (they were, I felt, fraudulently making charges to my and of course, my insurance company) and I told them I would never let them touch me again and demanded my records.
atreides1
(16,072 posts)And the fact that they knew your father was a malpractice lawyer, had nothing to do with their compliance with your demand?
erronis
(15,237 posts)There are a ton of reasons someone can't open a file drawer and start hauling out paper copies. Besides the folders/papers aren't the only versions of these documents.
Edited to refer to LeftyNY
leftynyc
(26,060 posts)I'm answering people who responded to my post. If that equals obsession in your eyes, it would explain why this nothing story nobody is going to give a crap about has your hair on fire.
Cracklin Charlie
(12,904 posts)No need for profanity...I was just asking a question.
Sunlei
(22,651 posts)even if he's addicted to something the WH Doctor will take best care of anything.
True Blue American
(17,984 posts)Addiction.he has Doctor Feelgood, AKA as Ronny Jackson.
Happyhippychick
(8,379 posts)How dare he make that kind of comparison.
Fucking asshole.
TNLib
(1,819 posts)Makes you wonder what they're trying to hide.
Kittycow
(2,396 posts)swarming into the family home of Levi Johnston, Bristol Palin's boyfriend and (alleged to some) Baby Daddy.
The way I remember Mercedes Johnston's account, the workers seized their computers or wiped the files or something like that, to eliminate any trace of the Palins. They lost all their own family pictures, etc.
It's been a while, so I may be misremembering the details but that was the gist of it.
True Blue American
(17,984 posts)Are online now. I can sign in,read my own, but that does not mean I can steal them.
There is still paperwork. My Doctor retired. Found a new Doctor, but they could not read my records until I signed a release.
fleur-de-lisa
(14,624 posts)Stormy Daniels! Prolly the same guy!
Seriously, can this shit show get any weirder? JFC! We are now a third world country.
avebury
(10,952 posts)or a medical release from Trump authorizing them to take the records. If they could not produce them I would have told them to go away and not return until they have the proper documents. If they refused to leave I would have called the police on them and asked that they be escorted out or arrested for trespassing.
greymattermom
(5,754 posts)Viagra
Antivirals for Herpes and HPV
Prescription stimulants, maybe diet pills
and a few other things.
Jose Garcia
(2,593 posts)Marie Marie
(9,999 posts)get the red out
(13,461 posts)If he's on diet pills those are the most ineffective damned things anyone ever took!
They_Live
(3,231 posts)Response to herding cats (Original post)
Pepsidog This message was self-deleted by its author.
Mr. Sparkle
(2,932 posts)smh
FailureToCommunicate
(14,012 posts)Last edited Tue May 1, 2018, 04:58 PM - Edit history (2)
(Edited to remove a reference to Obama's comment to Mitt Romney that suggested Mitt would get into more trouble if he kept talking, but reference seemed to be being taken wrongly)
procon
(15,805 posts)Don't mock what you don't understand. I am a rape survivor and I felt the same way when my home was burglarized. I felt just as violated and vulnerable, scared and nervous, it was like reliving everything again. I wasn't home when it happened -- I can't even go there! -- but my home felt invaded, strange, unclean and creepy, and if I didn't own it, I would have moved. I slept at my dad's house for a long time, tossed a lot of things that were touched by the robbers and the cops, repainted, basically started over. Robbery has a terrible effect on people and I wouldn't wish that feeling on anyone.
FailureToCommunicate
(14,012 posts)horrible as being raped.
I was merely trying to point out that the doctor was probably overblowing the awfulness of the office break in. It wasn't his home, and they only took some files.
Sorry that what happened to was so distressing.
procon
(15,805 posts)You're trying to normalize a robbery and you're mocking the victim's fear as "overblown". Maybe the doctor has never been raped either, but as he said, he felt just as violated, vulnerable and frightened by what happened to him. Sure, it's his office and not his home and the stuff they stole maybe wasn't as important as a TV, so you're saying the crime doesn't count the same as a home invasion robbery, yeah? WTF is wrong with you?
FailureToCommunicate
(14,012 posts)I'm not doubting YOUR experience at all. I was commenting, as others have on this thread, that it seems way overblown of the doctor to try to equate an office break in with sexual violation.
Sheesh.
mainer
(12,022 posts)What if your medical records were also taken by those goons? Do you want to be blackmailed because your medical secrets are out there in the hands of Trump thugs? We simply don't know what else they got their hands on.
Still In Wisconsin
(4,450 posts)er, I mean DIET PILLS.
duforsure
(11,885 posts)And desperately trying to hide his possible drug use, and addiction. Didn't Hitler also have a drug problem?
Still In Wisconsin
(4,450 posts)In Nazi Germany methamphetamine was passed out like candy, especially to military personnel, under the trade name "Pervitin."
See:
http://www.spiegel.de/international/germany/crystal-meth-origins-link-back-to-nazi-germany-and-world-war-ii-a-901755.html
Jose Garcia
(2,593 posts)Firestorm49
(4,032 posts)Why didnt he call the police? No warrant for the material? Sounds fishy.
kag
(4,079 posts)Hmm. I wonder if that third man looked anything like this...
What are the odds?
Dave Starsky
(5,914 posts)And went and helped myself to my medical records? Anyone? I see Cindy raising her hand. Yes, Cindy.
Why, they'd call the cops, and you'd be arrested, Detective Starsky!
That's right, Cindy. They'd call the cops, and I'd be arrested.
Ilsa
(61,694 posts)fear of trying to end pregnancy, fear of rapist returning, hypervigilance, etc. If he's feeling all of that, then they took more than medical files.
HopeAgain
(4,407 posts)This is my area of training - the actual record BELONGS TO THE DOCTOR. Trump has some control over who the information in the chart is released to, but the actual paper record is not Trump's property. This doctor can, and should, sue for a civil rights violation because I am sure they purported to be officially acting on behalf of the POTUS.
Dave Starsky
(5,914 posts)The medical record is the property of the caregiver. As a patient, you have the right to inspect your information and request amendments or corrections, but you do NOT have the right to physically carry your records away. It is crazy that they did this.
Corgigal
(9,291 posts)for a burglary. We're getting closer to watergate daily. Except this doctor wasn't a psychiatrist.
NY doctor better be able to prove this allegation, could lose his license.
mainer
(12,022 posts)because Trump supposedly gave him permission to publicly certify his health. Doesn't that give Dr. Bornstein the right to disclose Trump's use of Propecia to the public?
uppityperson
(115,677 posts)mainer
(12,022 posts)merely because he revealed Trump's use of Propecia.
(Confiscating the doctor's records is another thing entirely, and the violation there would be by Trump's goons.)
uppityperson
(115,677 posts)I remember working in a clinic pre-HIPAA and getting requests from employers, and people wanting to check out potential romantic interests (seriously) as to meds and other health info on someone without their permission.
HIPAA limits what info can, cannot, and should, be shared with whom.
mainer
(12,022 posts)Medications are usually included in a Presidential health assessment.
When Obama's health was reported to the public (ironically enough, by Dr. Ronnie Jackson), it included medications.
uppityperson
(115,677 posts)a violation.
MineralMan
(146,286 posts)It would be a shame should something, you know, happen to it...
red dog 1
(27,792 posts)K&R
procon
(15,805 posts)Sad. Why is this so hard to understand... is it a guy thing?
briv1016
(1,570 posts)Can't risk those getting out.
Orange Free State
(611 posts)I speculate that he is covering up treatment for HSV. Also, with his incoherent tweets late at night and paranoia, he may have been speeding his ass off in a futile attempt to lose weight. He seemed to quit the late night stuff about the same time he began to pack on more pounds, so maybe he was cut off for his own good about that time. I have seen all this before, classic pattern.
This doctor may be a bad person for Trump to turn on. He knows a lot and could start leaking things. Actually I hope he does.
rocktivity
(44,576 posts)Did the hair growth medicine work?
rocktivity
riversedge
(70,186 posts)lanlady
(7,134 posts)Quack doctors like Bornstein; mobster lawyers like Cohen; dirt bags (literally and figuratively) like Bannon; clownish politicians like Devin Nunez... the list is never-ending. I guess if youre a bottom-feeder like Trump, your closest neighbors are the pond scum.