Medical records are vital to any personal injury claim. One of the many reasons why is that you will have to prove you were injured in an accident, and that your injuries were not the result of a preexisting condition. With these records, you can establish the severity of your injuries and the treatment that they require, which will affect how much you deserve in compensation. What gives you the right to obtain these medical records is the Health Information Portability and Accountability Act (HIPAA). Under this law, you can get a copy of your records from just about any medical provider.
Medical Records You Are Allowed to Access
This law enables you to ask for your medical records and your child's medical records. Similarly, someone's records can be accessed by their legal guardian. However, there are situations when you cannot get your child's records, such as if the child's medical treatment was court ordered, or if the parent admits that there is a confidential relationship between the child and their health care provider. In some states, a child can consent to medical treatment, with no consent required from parents. In this circumstance, a parent could not obtain their child's records either.
You would also be able to ask for another person's medical records if you are their representative, that is, that you have their written permission to get these records. Also, if you are an executor of someone's estate or a similar representative of a deceased person, then you can get the decedent's medical records. If you are a relative of someone who has passed away, and their medical history affects yours, then you can get their records too. By law, you should get medical records no later than 30 days after your request; some states have laws saying that records should be accessed even faster. If a provider says it will take longer, then they should say why.
Medical providers might be able to keep back information from you, however, such as psychotherapy notes, the provider's information pertaining to a lawsuit, or any data that a provider would think was dangerous for you to know. If you are barred access to any medical records, then you should get a denial letter from the provider. It is sometimes possible to appeal this, however.
Requesting Medical Records
The process could vary according to the state and the provider, but usually speaking you can reach the medical provider to learn where to submit your request. Send your written request to that location. Your name, contact information, date of birth, and medical record number should be on there. You may further be asked for your social security number. In your request, you will have to say whether you want copies of the medical records, the original records, or both. You will typically have to fill a release form as well, which you can ask the provider for or perhaps find online. You might be able to pick it up from the office too, if that is preferable.
If you do not want your whole medical file, then clarify which records you want, which treatment during which time. It can get as specific as requesting MRI films, prescriptions, lab tests and evaluations, receipts, anesthesiologist records, etc. Your attorney can help you understand which records you need. And realize that you may need to request medical records from more than one provider, such as if you need records from both your physician and a specialist. Sometimes these records will be free, but be aware that many medical providers may charge you for the records.
If Your Request Is Denied
If you cannot get your records, or if they are incomplete, it could be because of a clerical error, and you might only need to submit a follow-up inquiry. At times, however, especially if there is a medical malpractice case underway, some health care providers may hinder access to medical records. If you think this is your case, you should definitely consult your personal injury attorney. You might also want to reach the Office of Civil Rights at the Department of Human and Health Services, and/or submit a complaint with the medical board in your state. Of course, your state board may be no help when you need their action for a lawsuit. Researchers estimated that it takes 2.6 years for a complaint to be investigated.
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