Disclaimer: This article is for educational purposes only and does not constitute legal advice or create an attorney-client relationship.
Detailed Answer
1. Your Right to Access Medical Records in Michigan
Under Michigan Compiled Laws § 333.26261, you may request and obtain copies of all medical records and diagnostic images related to your treatment. You can do this by:
- Submitting a written request to the health care provider or facility.
- Signing any required release or authorization form provided by the provider.
- Paying reasonable copying fees as allowed under the statute.
Read the full text of MCL 333.26261 here: MCL 333.26261.
2. Including Diagnostic Imaging
Diagnostic images—such as X-rays, MRIs, CT scans—are part of your medical record. Michigan law requires providers to include images or make them available on film or digital format when you ask. If they retain images off-site, they must still supply them.
3. Federal HIPAA Requirements
The federal Health Insurance Portability and Accountability Act (HIPAA) also guarantees your right to access. See 45 C.F.R. § 164.524 for details: HIPAA Privacy Rule.
4. Using Records and Images in Your Case
- Authentication: To admit records and images in court, you must establish a proper foundation under Michigan Rule of Evidence 901(a). Typically, a custodian or qualified witness can testify about the record’s creation and storage.
- Business Records Exception: Medical records qualify as business records under MCL 600.2163. This allows their admission without live testimony if you submit a certified copy and an affidavit from the custodian.
- Visual Aids: Use imaging to illustrate injury extent. Enlarged or enhanced images can help jurors and the court understand complex injuries.
- Depositions and Expert Reports: Share records with your medical expert. Their report and deposition testimony can interpret imaging results for the judge or jury.
5. Responding to Obstacles
If a provider delays or refuses, you can:
- Send a follow-up request by certified mail.
- File a complaint with the Michigan Department of Licensing and Regulatory Affairs.
- Seek a court order compelling production under Michigan Court Rule 2.302(B)(5).
Helpful Hints
- Keep a log of all requests and correspondence with providers.
- Request digital copies to simplify sharing with your attorney.
- Ask for radiology reports alongside raw images for context.
- Confirm fees up front to avoid unexpected costs.
- Consult a personal injury attorney early to integrate records into your case strategy.