Detailed Answer
When you sustain injuries in a New Jersey auto accident, your medical records and diagnostic imaging serve as vital evidence to prove the nature and extent of your injuries. Courts, insurance adjusters, and defense attorneys rely on these documents to verify your treatment, link your injuries to the crash, and calculate fair compensation.
1. Identifying Relevant Records
Gather all records related to your accident diagnosis and treatment, including:
- Emergency department notes and hospital discharge summaries
- Primary care or specialist office visit notes
- Physical therapy and chiropractic records
- Radiology reports and images (X-rays, MRIs, CT scans)
- Prescription records and medication logs
2. Requesting Your Medical Records
Under New Jersey’s Access to Health Care Records Act, you have the right to obtain your health records:
- Submit a written request to the provider’s Records Department. Include your full name, date of birth, treatment dates, and specific documents you need.
- Sign a HIPAA-compliant authorization form. Providers often have their own forms available online or at their front desk.
- By law, the provider must respond within 30 days. (See N.J.S.A. 47:9-17.)
- Fees are capped at a reasonable rate (up to $0.75 per page). (See N.J.S.A. 47:9-17.)
3. Obtaining Diagnostic Imaging
Diagnostic images often reside with hospitals, outpatient centers, or independent radiology facilities:
- Request images by submitting the same signed authorization to the imaging provider.
- Ask for CD/DVD copies or digital transfers in DICOM format to preserve image quality.
- Federal HIPAA rules also support your right to access imaging. (HIPAA Privacy Rule.)
4. Authenticating and Admitting Records in Court
To use these records effectively, you must establish their authenticity and connect them to your accident:
- Obtain a custodian of records affidavit from the provider.
- Use the business-records exception to hearsay under New Jersey law. (See N.J.S.A. 2A:84A-32.)
- Have your treating physician or an independent medical expert explain the significance of each image and report in a sworn statement or deposition.
5. Presenting Records to Support Your Claim
Well-organized medical records and clear imaging help you:
- Document the link between the crash and your injuries.
- Demonstrate the severity and ongoing nature of your medical needs.
- Quantify past and future treatment costs, pain and suffering, and lost wages.
6. Overcoming Common Challenges
If a provider delays or denies your request, your attorney can:
- Send a formal demand letter citing statutory deadlines.
- Seek a court order compelling disclosure.
- Hire a medical records retrieval service to track multiple providers.
Disclaimer
This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.
Helpful Hints
- Submit record requests early—delays can stall your claim.
- Keep copies of all request forms and confirmation receipts.
- Review records promptly for accuracy and completeness.
- Label imaging files by date and body part for clarity.
- Coordinate with your attorney before contacting providers.
- Consider videotaped or sworn statements from treating physicians.