Disclaimer
This article is for informational purposes only and does not constitute legal advice. Consult a licensed South Carolina attorney for guidance specific to your case.
Detailed Answer
1. Understand Your Right to Access Medical Records
Under federal HIPAA rules and South Carolina law (SC Code §44-115-40), you have the right to obtain copies of your medical records and diagnostic imaging. HIPAA gives you the right to inspect, copy or receive an electronic copy of your records. South Carolina’s confidentiality statute confirms that providers must release records to patients who submit a written request and sign an authorization.
Key steps:
- Contact each treating provider (hospitals, urgent care, imaging centers) and ask for their record release form.
- Complete and sign the form, specifying the date range of treatment and types of records (e.g., X-rays, MRIs, CT scans, physician notes).
- Include a copy of your ID. Providers may charge a reasonable fee (copy and postage).
2. Obtain Diagnostic Imaging
Diagnostic imaging often exists in DICOM format. Ask the radiology department for both the images (on CD or secure download) and the radiologist’s written report. Ensure you request:
- Original image files (not just printouts).
- Radiology interpretation reports.
Review the images with a qualified medical expert who can explain what they show and link findings to your symptoms.
3. Use Subpoenas and Motions to Compel When Necessary
If a provider denies or stalls your request, you can use the South Carolina Rules of Civil Procedure:
- Rule 45 Subpoena Duces Tecum: Serve a subpoena on the provider to produce records at deposition or court.
- Motion to Compel: File a motion in the court handling your auto accident case. Cite SC Code §44-115-40 for patient access rights.
4. Authenticate Records for Trial
South Carolina Rule of Evidence 803(6) creates a hearsay exception for business records. To qualify:
- Call the custodian of records (or a designee) at trial or in deposition.
- Have them testify about record creation, storage, and maintenance practices.
- Introduce the records along with the custodian’s certification.
5. Leverage Records and Imaging in Your Injury Case
Medical records and imaging form the backbone of your injury claim. Use them to:
- Prove the nature and extent of injuries.
- Show causation—link treatments and diagnoses to the accident.
- Document ongoing care and future treatment needs.
- Support damage calculations for medical expenses and pain and suffering.
Helpful Hints
- Keep a master list of all treating providers, including addresses, phone numbers and dates of service.
- Ask providers for itemized invoices and billing statements to document costs.
- Store electronic records securely—use encrypted drives or HIPAA-compliant portals.
- Schedule a records review with your attorney and medical expert before drafting your demand letter.
- Request updated records if you receive further treatment after your initial request.
- Consider medical record retrieval services if you face multiple providers.