Obtaining Your Medical Records

• December 9, 2020
• Personal Injury, Automobile Accidents

Obtaining your medical records can be crucial to your personal injury case. They can be used to help prove an accident caused your injuries and document the severity of them in order to recover your medical expenses when you’ve been seriously injured in a car or truck accident caused by another driver.

You have probably heard the acronym, HIPAA.  It stands for Health Insurance Portability and Accountability Act of 1996. The HIPAA Privacy Rule standards address the use and disclosure of an individual’s health information.

This law also guarantees your right to obtain copies of your own medical records while also preventing the unauthorized release to others.

Under HIPAA:

• You have the right to request copies of your complete medical records from any and all medical providers.
• You may obtain your own records or you can designate a representative to obtain your records. This could be a court-appointed administrator, a guardian or your attorney.
• In the case of a deceased person, a personal representative of the estate can obtain medical records.

The Missouri State Medical Association recommends, in most cases, that healthcare providers only release medical records after receiving a written request from the patient, the patient’s guardian or the patient’s legal representative.

Obtaining Your Medical Records for a legal Purpose

Each state has specific standards for obtaining medical records for a legal purpose. Your attorney will know your state’s specific standards. (Missouri Department of Health & Senior Services HIPAA information)

As your legal representative, you will need to give your attorney written permission that is signed and dated so he can make the request on your behalf. He may ask for specific records, records during a certain date range, or all records.

Medical records may be needed to:

• Allow both sides to assess the physical injuries and the viability of a particular case
• Provide details on the nature and extent of the claimant’s injuries
• Help to calculate damages sustained by the injured person
• Allow a medical expert or medical professional to analyze the records to determine the cause of injuries

It can be difficult to gather evidence while you are trying to concentrate on your recovery. Our personal injury attorneys will help you take the steps necessary to obtain the medical records needed to support your case.

DO YOU NEED LEGAL ASSISTANCE?

CHOOSE NASH & FRANCISKATO

Have you been seriously injured in a motor vehicle accident in which you suffered serious injuries? Call Nash & Franciskato at (877) 284-6600. We have a successful track record helping accident victims collect the compensation they deserve.

In the Kansas City area and across Missouri, the Nash & Franciskato Law Firm will fight for your rights. Contact our legal team today. One of our experienced staff will speak with you personally and will provide you with a free, no-obligation case evaluation.

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Editor’s Note: This post was originally published December 9, 2020. It was reviewed on July 12, 2023 and updated for content and accuracy.