Disclaimer: This information is for educational purposes only and does not constitute legal advice. Consult a licensed attorney for guidance on your specific situation.
Detailed Answer
In an auto accident injury case in South Dakota, your medical records and diagnostic imaging can prove the nature and extent of your injuries. Under the federal Health Insurance Portability and Accountability Act (HIPAA), 45 C.F.R. § 164.524 (HIPAA Access to Records), you have a right to inspect and obtain copies of your health information. South Dakota law also governs how courts handle medical evidence. Key steps include:
- Requesting Records from Providers. Send a written request or complete your provider’s authorization form. Specify the date range, types of records, and formats (paper or digital). Providers may charge reasonable copying fees plus postage. HIPAA requires action within 30 days of receipt.
- Using a Subpoena Duces Tecum. If a provider refuses or delays, an attorney can issue a subpoena under South Dakota’s Rules of Civil Procedure, SDCL § 15-6-45 (Subpoena for Production). This compels the provider to produce records for deposition or trial.
- Organizing and Reviewing Records. Once you obtain records and images (X-rays, MRIs, CT scans), review for relevant entries: diagnoses, treatment dates, notes on causation. Highlight findings that tie your injuries to the accident.
- Ensuring Admissibility. Medical records fall under the business records exception to hearsay, SDCL 19-13-5 (Business Records Exception). A custodian or qualified witness should authenticate the record’s origin and accuracy.
- Authenticating Diagnostic Imaging. Images require a foundation witness—often the radiologist or technician—who can attest to the machine, procedure, and that the images accurately reflect your condition at the time taken.
- Engaging Expert Witnesses. A medical expert can interpret records and imaging, offer opinions on causation and prognosis, and testify to the standard of care and any deviations.
- Presenting in Court. During discovery, disclose records and images per the scheduling order. At trial, use clear exhibit labels and excerpts. Combine key excerpts with expert testimony to tell a coherent story of injury, treatment, and future needs.
Helpful Hints
- Keep a timeline of treatments and imaging dates to correlate with accident events.
- Request both official reports and underlying scans or films; sometimes images are stored separately.
- Ask for itemized billing statements to calculate past and future medical costs.
- Maintain a chain of custody: note every person who handles original images or records.
- Secure translated copies if any records are in another language.
- Review denial letters promptly; you can file a complaint with HHS if a HIPAA request is unjustly denied.
- Coordinate with your attorney early to plan depositions of hospital staff or radiology technicians for authentication.