If you plan to file a lawsuit after an injury, thorough medical records and documentation will be crucial to the success of your claim. Your medical records contain important information about the nature and extent of your injuries and the treatments you received. These records can be used to support your claim and help you get the compensation you deserve.
While an attorney can assist with this process in most cases, having this information ready for your initial case review can be helpful. Keep reading to learn how to access these documents.
What Medical Records Are Needed?
In a personal injury claim, your medical records help determine the extent of your injuries, the treatments you’ve received, and the appropriate compensation. These records may also include details about the length of your recovery and the impact of the injury on your daily life.
Our attorneys will typically use any or all of the following types of records in an injury claim:
- History of doctor’s visits
- History of surgeries or procedures
- Emergency room visits
- Past and present diagnoses
- Miscellaneous medical tests
- X-rays, MRIs, and CT scans
- Prescribed medications
- Discharge summaries
Your Provider’s Obligations
Healthcare providers, such as physicians and hospitals, have certain obligations concerning medical record requests.
Under the Health Insurance Portability and Accountability Act (HIPAA), providers must allow patients or their representatives to inspect their records within 30 days of receiving a written request. They must also keep your private health information confidential.
Some healthcare providers may charge a reasonable fee for copying and mailing the requested records, so be prepared for these costs.
Requesting Records From Healthcare Providers
If you plan to request your records from your provider, you can follow this general procedure in most situations:
- Contact the health care provider's office and ask for the Medical Records Department.
- Make a written request that includes your name, phone number, address, date of birth, email address, and medical record number. Specify what records you’d like access to (e.g., documents related to a specific injury)
- Complete a release form authorizing the provider to release your records to you or your attorney.
- Indicate whether you are requesting original documents or copies of medical records.
Once you have made a request, keep track of the time frame and make follow-up requests as needed. Remember, open communication with your healthcare provider will help obtain your records for a personal injury claim go more smoothly.
Allowing Your Attorney To Request Medical Records
In most cases, victims filing a personal injury claim prefer that their attorneys handle the acquisition of medical records to simplify the process. In these situations, the attorney will typically follow the same procedures as above; they just need your authorization before the documents can be turned over to comply with HIPAA laws.
Once you’ve retained an attorney and provided written consent, your attorney can request any medical records relevant to your case. In situations where the victim of the injury cannot consent, the retained attorney can still act on behalf of the victim and access these documents.
Subpoena And Court Orders
Sometimes, a subpoena or court order may be required to access medical records. Subpoenas are used when medical providers are uncooperative or when the documents are particularly relevant to a case. Court orders can also be used when a judge determines that the records are material to the outcome of a case.
Speak To An Injury Attorney About Your Claim Today
You should seek legal representation immediately if you’ve been injured in an accident due to another person’s negligence. The experienced personal injury lawyers at Weinstein Legal Team have fought for victims of car accidents, traumatic brain injuries, slip & fall accidents, catastrophic injuries, and so much more.
Our lawyers work on a contingency fee, which means you don’t pay any costs or expenses unless we win your case. Click here to schedule your free case review with an attorney, or call us at 888.626.1108 to speak with an attorney right away.
