Copies of medical records can make or break your injury lawsuit. The records can help prove that the accident caused your injuries. They can also confirm the extent of injuries suffered or form the crux of a medical malpractice claim. Here are five things that the experts at Marc J. Bern & Partners say that you should know about health records regarding personal injury claims.
You have a right to your health records
The Federal Health Information Portability and Accountability Act and New York State Law give you the right to obtain various medical records from any healthcare practitioner. However, a few exceptions may apply.
Who could request medical records?
You can get your health records. Your injury lawyer in Brooklyn New York could also request your records. You could also request someone else’s health information if you’re their designated representative or legal guardian. You may also get your kids’ medical records if you fulfill certain conditions.
If your request is denied, you can appeal
If a provider decides to deny access to all or part of the requested records, you can appeal the denial. Your request will be reviewed by a Medical Record Access Review Committee.
How do you request your records?
It’s best to contact your healthcare provider to find out where to send your request. Once you have established the right location, make your request in writing either to the facility or individual doctor. Your request should indicate you’re qualified to ask for the records and it must also be precise and signed.
How long does it take to get the requested records?
The Health Information Portability and Accountability Act requires a doctor or healthcare facility to provide copies of health records within 30 days of receiving a request. The New York State Health Department sets 10 to 14 days as sufficient time to respond to requests.
After an accident, you should seek medical attention immediately. Once your injuries have been documented in a medical report, you should understand your right to access that information. Your health records will be crucial to your injury claim.