Release of Medical Records in Personal Injury Cases
Any relevant medical records will be considered in any claim for personal injury.
You’re asking the person or company at fault to compensate you for your injuries (damages). The hospital or healthcare facility where the claimant received medical treatment should have records on the services provided and the costs of those services. At some point, especially when a lawsuit for personal injury is filed, the injured person will either want to obtain those records or “the other side” (the person or company at fault) through their attorney or insurer. This article explains the process of obtaining an authorization to release medical records, as well as why in certain situations a subpoena for medical records must be issued.
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Release of Medical Records Authorization
Your attorney will likely ask for your medical records if you decide to file a personal injury lawsuit.
The request will usually include the name of the patient, the social security number, the date of birth, the patient account number and the address. You may ask for a specific record, a set of records from a particular date range or all the records that are in your care provider’s hands. In some states the request must also include the statute or law that permits the release of record to authorized third parties or patients.
If you provide signed and dated written consent, your attorney can request records on behalf of you. You can send the request via regular mail, fax or online. Many larger providers also allow patients to access their records through an online portal. It’s a good idea, if you send the request via fax or mail, to call the provider to confirm receipt. Most providers charge a fee for releasing records and covering postage costs when mailing the records. You may have to pay a fee depending on the provider.
The request can be denied. Denials can be attributed to a lack of consent from the patient. In a civil suit over assault and battery for example, the person who is being sued might want to get the medical records of the victim to use during court proceedings. The alleged attacker may request. The doctor’s clinic can refuse the request. A medical records subpoena can be issued at this stage.
Privacy Concerns
Each state has its own standards for obtaining medical records to be used in legal proceedings. You must know the state laws and federal Health Insurance Portability and Accountability Act of 1996 requirements when drafting a subpoena for medical records. In Florida, for example, the HIPAA privacy rule and the state law both give you the right of access to medical records. The HIPAA privacy rule sets national standards for records. Florida law establishes standards for records within the state. In the event that HIPAA and Florida laws conflict, Florida law or the rule that is most protective will control the situation.
Release of Medical Records: Reasons to Do So
All medical records related to a personal accident case can be very beneficial.
- It allows both parties to evaluate the severity of the injuries and the viability a case.
- It provides information on the nature and extent the claimant’s injury
- It helps calculate the damages suffered by an injured person.
- It allows a doctor or medical professional to examine the records in order to determine what caused the injury or, if a malpractice case is brought, determine whether the doctors acted with reasonable care.
Pre-existing injuries it can also help the at-fault party understand the claimant’s preexisting injuries.
Let’s say, for example, that the claimant fell into a sinkhole outside of a grocery shop. The grocery store might believe that the claimant simply aggravated a previous injury sustained in a bike accident six months ago. An authorization to release medical information may be denied in this case due to privacy concerns. The grocery store may draft and serve medical records subpoenas on the claimant’s medical providers. The claimant might believe that privacy laws protect the records, but by filing a lawsuit they waived their right to privacy. Find out what to expect from a personal injury case.