Detailed Answer
1. Understanding Your Right to Medical Records
You have the right to obtain copies of your medical records and diagnostic imaging under federal HIPAA rules and Minnesota law. Minn. Stat. § 144.292 grants this right. Providers must respond to written requests within 30 days and may charge a reasonable fee for copies.
2. Preparing Your Records Request
Send a written request to the medical provider’s records department. Include your full name, date of birth, specific treatment dates, and a HIPAA-compliant authorization form. Clearly specify the types of records you need, such as X-rays, MRIs, CT scans, physician notes, and therapy reports.
3. Fees, Timelines, and Follow-Up
Under Minn. Stat. § 144.292, providers may charge up to 75¢ per page for paper records and a reasonable fee for electronic images. You should receive records within 30 days of your request. If the provider fails to comply, you can file a complaint with the Minnesota Department of Health.
4. Using Records and Imaging in Your Auto Accident Case
Medical records and diagnostic imaging provide objective proof of injury and treatment. Review your records with an attorney to identify key details: injury diagnosis, treatment chronology, and recommended care. Highlight imaging studies that confirm fractures, soft tissue damage, or other collision-related injuries.
5. Admitting Records Into Evidence
To introduce records at trial, establish authenticity and relevance. Your attorney will obtain certified copies and a records custodian affidavit. For diagnostic images, you’ll need foundation testimony from the radiologist or medical professional who interpreted the scans.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for advice tailored to your situation.
Helpful Hints
- Keep copies of all authorizations and correspondence with providers.
- Track the 30-day deadline to avoid evidence delays.
- Request both images and full imaging reports for context.
- Ask for electronic files to simplify expert review.
- Work with medical experts to interpret complex findings.