In a medical malpractice case, your medical records are crucial pieces of evidence. They document your medical history, treatments, and interactions with healthcare providers, and are essential for proving negligence or error. Here’s a step-by-step guide on how to obtain your medical records.
Step 1: Identify All Relevant Healthcare Providers
Start by making a comprehensive list of all doctors, hospitals, clinics, and healthcare facilities that have provided you with treatment.
This list should include:
- Specialists,
- Primary care physicians,
- Therapists, and
- Any other medical professionals involved in your care.
Step 2: Understand Your Rights
Under the Health Insurance Portability and Accountability Act (HIPAA), you have the right to access your medical records.
Familiarize yourself with HIPAA regulations to understand your rights and the provider’s obligations. Please contact a skilled medical malpractice attorney if you have any questions.
Step 3: Submit a Request
There are generally two types of requests you can submit to access your medical records. Please contact the specific provider (or view their website) to learn which request they require.
The two general requests include:
- Direct request: This is where you contact the medical records department of each healthcare provider. Most providers have a specific process for requesting records. You can usually find instructions on their website or by calling their office.
- Written request: Some providers may require a written request.
If a written request is required, your request should include:
- Your information: Full name, date of birth, and contact details.
- Specific records requested: Clearly specify the records you need (e.g., dates of treatment, types of records like lab results, imaging, or physician notes).
- HIPAA release form: Some providers require you to complete a HIPAA release form, which authorizes the provider to release your records to you.
Step 4: Pay Any Applicable Fees
Providers may charge a fee for copying and mailing your records. These fees are typically modest and regulated by state law.
You should be prepared to cover these costs.
Step 5: Follow Up
If you don’t receive your records within the provider’s stated timeframe (usually 30 days), follow up with a phone call or email.
Persistence is key, as delays can happen.
Step 6: Review Your Records
Once you receive your records, review them thoroughly.
Look for any inconsistencies or missing information. Understanding your records is critical for building your case.
Step 7: Seek Legal Assistance
If you encounter difficulties obtaining your records, consider consulting an attorney. A lawyer specializing in medical malpractice can help you navigate obstacles and ensure you obtain all necessary documentation. They can also use legal measures if providers are uncooperative.
Step 8: Explore Digital Access
Many healthcare providers offer online patient portals where you can access your medical records electronically. Check if this option is available, as it can expedite the process.
Contact Otorowski & Golden, PLLC
Please know that our firm is here to help if you were injured due to a medical provider’s malpractice. Otorowski Morrow & Golden, PLLC provides free consultations to all our potential clients. The attorneys at our law firm also have over 120 years of combined experience representing injured parties in medical malpractice cases. They never back down to insurers and fight for their clients’ interests every step of the way. Do yourself a favor and contact them now for the quality legal representation you deserve.