Disclaimer: This article is for informational purposes only and is not legal advice. Consult an attorney for guidance on your specific situation.
Detailed Answer
1. Patient Rights to Medical Records Under Nebraska Law
Under Neb. Rev. Stat. § 71-1,247, every patient or the patient’s authorized representative may obtain a copy of medical records. Providers must respond within a reasonable time, generally 30 days, and may charge a reasonable fee for copying and postage. You will typically need to provide:
- A signed HIPAA authorization naming you or your attorney as the recipient
- Proof of identity (e.g., driver’s license)
- Specific date ranges or types of treatment you wish to obtain
2. Requesting Diagnostic Imaging
Diagnostic imaging (X-rays, CT scans, MRIs) often resides in a hospital’s Picture Archiving and Communication System (PACS). To secure high-quality images:
- Submit a written request to the radiology or medical records department specifying “diagnostic images” and “CD/DVD or secure electronic transfer.”
- Ask for a radiologist’s report to accompany the raw images.
- Confirm any fees up front; some facilities charge lab fees plus media fees.
3. Using Records and Images in Your Auto Accident Case
Medical records and imaging strengthen your injury claim. Follow these steps:
- Review Records with a Medical Expert: Your expert will identify key findings that link the accident to your injuries.
- Organize Chronologically: Compile records and images into a clear timeline to show symptom onset and treatment progression.
- Serve Records in Discovery: Under Nebraska civil procedure, request production of records from the opposing party or serve subpoenas on non-party providers. Attach a custodial affidavit to authenticate records for court.
(Neb. Ct. R. Disc. 26.3 generally governs discovery obligations.) - Exhibit in Court Filings and Trials: Submit redacted copies that protect unrelated medical data. Use imaging stills or video sequences to illustrate injury severity.
4. Federal HIPAA Considerations
HIPAA (45 C.F.R. § 164.524) guarantees a patient’s right to access protected health information. Providers must comply unless limited by state law. A valid HIPAA release can streamline record transfers and avoid delays.
Helpful Hints
- Submit requests early. Providers have up to 30 days under Neb. Rev. Stat. § 71-1,247 to respond.
- Keep a record of every request, including dates, contacts, and any fees paid.
- Review records for errors. If you find inaccuracies, request an amendment under HIPAA rules.
- Consider electronic delivery when possible. Many offices now offer secure portals for faster access.
- Coordinate with your attorney to ensure proper authentication (custodian affidavits) before filing records in court.
- Redact unrelated sensitive data (e.g., mental health notes) before public filing, per Nebraska evidentiary rules.
Remember: This information helps you understand Nebraska law on obtaining and using medical records and imaging after an auto accident. Always consult a qualified attorney before taking legal action.