If you suffered injuries in an accident, your medical records will be an essential piece of evidence if you decide to seek personal injury compensation. However, getting access to your medical records can be a frustrating and time-consuming process. You may need to contact multiple entities, either electronically or in writing.
A personal injury lawyer can help you get your records. An attorney can also ensure opposing parties do not access protected medical information they do not have the right to see.
Overview of Release of Medical Records Laws
The Health Insurance Portability and Accountability Act (HIPAA) is a federal law that governs individuals’ protected health information. HIPAA privacy rule prevents the release of your private health information and medical history without your permission. It also grants you the right to access your medical records, including seeing and receiving copies of records held by health care providers and health plans.
According to the U.S. Department of Health and Human Services (DHHS), medical information covered by HIPAA includes:
- Notes and information from doctors, nurses, and healthcare providers
- Conversations your doctor has with other medical professionals about your care or treatment
- Information about you contained in your health insurance company’s computer system
- Billing information
In addition to HIPAA regulations, many states also have their release of medical records laws. An attorney serving your area can advise you on the state laws where you live.
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How to Get Medical Records
There are several ways you can access requested records of your medical history and/or electronic health record after an accident, including:
- Online Portals – Many healthcare providers have online portals that allow you to view and print your medical records, including lab test results. You may need to access multiple portals for multiple providers, such as doctors, dentists, or chiropractors. You will need to create an account for each portal and keep track of your usernames and passwords.
- Call, Email, or Write – You can contact your provider by phone or email and ask for your records. You may need to authorize the transfer via a medical release form. Some providers will send the forms through digital documents, and some will send paper forms for you to sign.
- Visit the Provider in Person – You can visit your provider’s office in person to obtain copies of your records.
The DHHS states that a provider cannot dictate how you can obtain your records. They cannot force you to come in person, as this may create a hardship for some. They also cannot force you to get them electronically, as not everyone has computer and internet access. Finally, they cannot force you to mail a request, as this can delay the transfer of records.
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Can a Lawyer Get My Medical Records Without My Consent?
If a negligent party caused your personal injury, you can seek financial compensation for the resulting losses. Your attorney will need copies of your medical records as part of your case, and you should help them obtain them.
Insurance companies and lawyers representing the at-fault party will also want this information. You can deny access to records for the opposing party, but there are legal avenues lawyers can use to get your medical records without your consent. Generally, they can get them in one of three ways:
- From your lawyer during discovery (the exchange of evidentiary information between parties)
- With a court order
- Via a subpoena
You do not want to provide more medical information than necessary or give opposing counsel access to protected health information unrelated to the accident. You should never sign anything that gives an insurance company (even your own) or a personal representative for the at-fault party blanket permission to obtain all of your health information. Instead, have them make an attorney request for medical records and allow your lawyer to handle it.
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How Are Medical Records Used in a Personal Injury Case?
Medical records are essential evidence in personal injury cases. First, your records establish that you sustained an injury during the accident. Second, they document the severity of the injury, which can help prove your right to various types of compensation. Finally, your records show your medical expenses and can be used to estimate the cost of ongoing treatment for catastrophic, permanent, or disabling injuries.
In addition to medical records, other proof in a personal injury case may include:
- Police reports or accident reports of motorcyle or car accident
- Eyewitness statements
- Photographs
- Cell phone, dashcam, or surveillance video
- Expert testimony
- Bills, receipts, invoices, pay stubs, and other proof of financial losses
Your lawyer will use the evidence to build a compensation claim, which may include medical expenses, lost wages, pain and suffering, and more. Don’t wait too long to gather your medical records and start on your case. The statute of limitations where you live determines how long you have to act. If the deadline expires, you may be unable to recover financial awards.
Contact a Personal Injury Attorney About Your Accident Claim
At Gatti, Keltner, Bienvenu & Montesi, we assist clients with various types of Memphis personal injury cases, including car accidents, truck accidents, motorcycle accidents, bicycle and pedestrian accidents, construction accidents, and wrongful death.
If a negligent party hurt you or your loved one, we can help you seek financial justice. Our accident attorneys can subpoena your medical records, prepare your claim, and aggressively negotiate for the maximum compensation possible. Our experienced Memphis car accident lawyers has allowed us to settle thousands of cases without a trial, but we will not back down from pursuing your losses with a lawsuit when necessary.
Gatti, Keltner, Bienvenu & Montesi is pleased to serve our clients on a contingency basis. Our “no recovery, no fee” guarantee means we charge nothing upfront or out of pocket, and we only collect a fee if and when we obtain compensation for you. Call (901) 526-2126 or contact us online today for a free consultation and connect with a personal injury lawyer near you.
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June 5, 2024
