If you have been injured through no fault of your own and are considering filing a personal injury case, you will need to access your medical records. Your records are the single most important piece of evidence that exists to support your injury case, but sometimes being able to get copies of the reports you need can be challenging. Read on for more information about what your rights are in regards to your medical records.
1. The Health Insurance Portability and Accountability Act of 1996 (HIPAA), among other things, gives patients the right to copies of their medical records within 30 days of making the request. With very few exceptions, such as psychotherapy notes, you are entitled to copies of anything in your records. You may have to pay a small fee for copies, but the HIPAA guidelines address limits on those fees charges. If the medical office denies you your right, they must inform you of the reason in writing.
2. The manner that records can be requested varies by state, so it's best to call the office to find out their procedure for requesting the records and the proper address to send the request to. You will likely need to fill out a release form to include with the letter, which can be emailed to you or accessed online. You should send a letter and include the following information:
3. Many times, your doctor's office may have out-sourced some of the testing or treatments to other facilities, so be sure to follow up with every provider that you see noted in the records.
4. If, upon viewing the files, you feel that the records are incomplete, you may need to request the missing information, again, in writing.
5. It can take some time to receive your records, and sometimes you might find that the medical office is not responding at all to your inquiry. You have a few options, such as filing complaints with the state's medical board or with the Department of Health and Human Services, but you should not expect your concerns to be addressed quickly.
If you have not already done so, it is in your best interest to contact a personal injury lawyer (such as one from Denali Law Group) as soon as possible at this point. Personal injury cases must be filed within the statute of limitations, so there is no time to waste. Your attorney is experienced at working with medical offices to get you your medical records in a timely and complete manner, so you can be fairly compensated for your injuries.
Share23 June 2015
Hi, my name is Sally. I was living a pretty average, uneventful life until I had an accident. At that point, my life become more stressful and painful than I could have ever imagined. Sadly, my accident happened on private property, and it could have been prevented if the owner of the property had kept up with his shoveling. For months, I missed work, suffered through constant pain and become more and more depressed. Finally, a friend referred me to an accident and injury lawyer, and she showed me how to get the compensation that I deserved. I don't want to see anyone else suffer like I did, and because of that, I decided to create this blog. Here, I hope anyone who has been injured can find the information they need to get fully compensated and regain their lives. Enjoy your reading and thanks for stopping by!
