The evidence contained in your medical records could be vital to winning your personal injury case (or wrongful death suit) and getting enough compensation to cover your expenses. In order to make requesting medical records easier, it’s important for you to know who can request medical records, which records you have access to, and how the process works.
Which Medical Records Do I Have Access to?
You are, of course, legally permitted to obtain your own health records. If you are requesting someone else’s medical records, you must be their legal guardian or designated representative. If you are requesting medical records on a deceased person’s behalf, such as in a case of wrongful death, you must be the personal representative named in the decedent’s last will and testament. If you are requesting your child’s medical records, you may not be able to access them if your child’s medical care was ordered by the court or if you agreed to confidentiality between your child and their doctor at any point.
If you are requesting your own medical records, you have a right to view your physician’s notes and original records. However, in some cases, a healthcare provider may deny your request for information if they believe disclosure may put you or someone else in danger. Mental health care providers may also deny requests to access psychotherapy records and notes by psychiatrists, counselors, etc.
How Long Will I Have to Wait for My Medical Records?
Unless your healthcare provider has a legitimate, official reason for denying your request to access medical records, they are required by law to fulfill your request within 30 days. They are legally obligated to let you know and provide an explanation if they are not able to supply your records within the allotted timeframe.
What to Do When You Can’t Access Your Medical Records
Get legal help right away if you feel you have not received your medical records in a timely fashion as required by HIPAA, or you feel your healthcare provider has not provided a reasonable explanation for denying you access to medical records for yourself, a child, or a loved one you are representing. Having the right medical records in hand is often critically important to building a solid personal injury or wrongful death case, and our team at DiPasquale Moore is here to help you make it happen.
Our Kansas City personal injury lawyers have won millions of dollars for our clients, and we know what it takes to get you the compensation you need. We can help you build the strongest possible case and make sure you are treated fairly in court.
call us at (816) 888-7500 today or send us a message to schedule your complimentary consultation right away.