Know How To Obtain Medical Records For A Personal Injury Lawsuit

If you're going to file a lawsuit against someone that caused you to become injured, you will need to get a copy of the related medical records. Your medical records can help ensure that your settlement reflects the extent of your injuries and will be a key part of the case. Here is what you need to know about obtaining them.

Know Your Rights To Obtaining Medical Records

Do you remember all of those forms that you sign when you visit a doctor for the very first time? One that you may be familiar with is about the privacy of your personal medical records. The importance of this document goes beyond informing you that your medical records will be kept private, since it also gives you the right to obtain your medical records for cases such as a personal injury lawsuit. If you make a formal request to a medical provider for your records, know that they have 30 days to fulfill your request. Be sure to plan accordingly so that you can get relevant medical records for your lawsuit.

Know How To Request Your Medical Records

Each state will have their own laws regarding how to obtain medical records, so it is best to speak with your doctor's office to figure out how those procedures work. It will require signing a transfer form, just as if you went to a new doctor and needed to transfer your medical records to them.

Common information that you'll need to provide include:

  • Full name
  • Contact information
  • Birth date
  • Date range of medical records being requested

Since medical offices will charge to make copies of your records, it is best to only request relevant records related to your personal injury. If not, you could be inundated with medical records and copying charges. Be aware that your doctor may have outsourced the lab work to another facility, so double check everything to make sure that you have all the medical records that you need.

Know How To Deal With A Denied Request

If a medical office did not comply with your request, you will have to make a formal complaint with your state's health department. Since this could take a while to address the complaint, be sure to follow up with the medical office directly to verify that you did everything properly on your end.

For more information on obtaining medical records for a personal injury lawsuit, work with your lawyer.


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