Understanding the Importance of Medical Records:
When pursuing a personal injury claim, obtaining accurate and complete medical records is crucial. Additionally, these records serve as vital evidence to support your claims and demonstrate the extent of your injuries. Medical records provide an objective account of your injury and how it impaired your life. These records can include physician notes, diagnostic reports, laboratory results, imaging studies, surgical reports, and other relevant documents. Collecting comprehensive medical records is vital for building a strong personal injury case.
Identify Relevant Providers and Facilities:
The first step in ordering medical records is to compile a list of all medical providers and facilities where you received treatment for your injuries. This may include hospitals, clinics, specialists, physical therapists, chiropractors, and any other healthcare professionals involved in your care. Gathering accurate and up-to-date information about these providers will make the record retrieval process more efficient.
Differentiating Legal Requests from Patient Requests:
When requesting medical records, it’s important to understand the distinction between legal requests and patient requests.
- Legal Requests Are: Typically made by an attorney or legal representative on behalf of a client. These requests are governed by specific laws and regulations, such as the [Health Insurance Portability and Accountability Act (HIPAA)] in the United States. Legal requests are often more formal and should adhere to the following guidelines:
a. Written Request: Create a written request that is addressed to a specific facility the client received treatment at. This authorization should include specific details, such as the time frame of treatment for records being requested, the healthcare providers involved, and the purpose of the request.
b. HIPAA Compliance: Ensure that the legal request complies with all HIPAA regulations. This includes protecting the privacy and confidentiality of the client’s medical information throughout the process.
2. Patient Requests: As a patient, you have the right to access your own medical records. Patient requests are typically more straightforward, but it’s still important to follow certain steps:
a. Authorization: Complete and sign any necessary forms provided by your healthcare provider to authorize the release of your medical records. These forms may vary depending on the provider’s policies.
b. Identification: Provide valid identification to verify your identity when making the request. This is to ensure that your medical records are only released to the authorized person.
c. Time Frame: Specify the time frame for the records you need. Including the dates of treatment relevant to your personal injury case.
d. Fees: Some healthcare providers may charge a fee for copying and processing medical records. Inquire about any applicable fees and payment methods.
In the state of Georgia physicians may charge a fee for copying and mailing patient records under O.C.G.A. § 31-33-3 and may even require the payment be made “up front”. These charges are determined by the Georgia Department of Community Health.
Methods for Ordering Medical Records:
Once you understand the type of request you need to make, there are several methods available to order medical records:
- Written Request: Prepare a written request and include all necessary details and authorizations. Send the request by certified mail, return receipt requested. This method provides proof of delivery and ensures a paper trail.
- Online Portal: Many healthcare providers have online patient portals where you can access and download your medical records. Ask your medical provider if they offer this option and follow their instructions for accessing the records.
- Fax or Email: Some healthcare providers accept requests via fax or email. Ensure that the method you choose complies with their guidelines and includes all required information and authorizations.
- In-Person Request: You can visit the healthcare provider’s office or medical records department in person and fill out a request form. Some facilities may require you to show identification or provide specific details to verify your identity. This method allows you to clarify any questions or concerns directly with the staff.
Remember that healthcare providers may have specific policies, procedures, and associated fees for accessing and obtaining medical records. It’s essential to contact them directly to understand their requirements and any associated costs.
Organize and Review the Records:
As you receive the medical records, organize them in a systematic manner. Create a secure digital or physical file to store and safeguard the documents. Review the records carefully, noting any inconsistencies or missing information. Discuss any concerns or questions with your attorney to ensure a thorough understanding of the records.
In situations involving numerous medical providers, it may be helpful to summarize the medical records in a chronology that lists things like dates of service, diagnoses, treatment plans, etc.
Medical records can be powerful evidence in a personal injury case. Work closely with your attorney to determine how best to use the records strategically. They can help establish the link between the accident and your injuries, demonstrate the severity of your condition, and support your claim for damages.
Conclusion:
Ordering medical records is a critical step in building a strong personal injury case. By understanding the importance of medical records, complying with privacy laws, and working closely with your attorney, you can navigate the process effectively. Remember to be organized, thorough, and proactive throughout the process, ensuring that you have all the necessary documentation to support your claim. Seek legal guidance to maximize your chances of a successful outcome.
WILLIAMS ELLEBY provides legal representation for personal injury and wrongful death cases in Georgia. When you choose our firm, you are not just a client. You are a real person with real problems. You deserve a personal injury lawyer that will fight for justice, offer encouragement, and stand by you through all the tribulations you may face. Your case deserves us. Give us a call at 833-LEGAL-GA (833-534-2542) for a free consultation.
