Detailed Answer
Collect Relevant Medical Records and Imaging
After an auto accident in Vermont, gather all medical records related to your injuries. This includes emergency department notes, hospital charts, primary care records, physical therapy records, and diagnostic imaging such as X-rays, CT scans, and MRIs. These documents prove the nature and extent of your injuries.
Request Records Under HIPAA and Vermont Law
Under the federal Health Insurance Portability and Accountability Act (45 C.F.R. §164.524), you have the right to access your medical records. Vermont law reinforces this right. See 18 V.S.A. §9332: legislature.vermont.gov/statutes/section/18/033/09332. Submit a written request directly to the provider’s records department. Include:
- Your full name and date of birth
- Specific dates of treatment
- The type of records or images you need
- A signed HIPAA-compliant authorization form
Obtain Diagnostic Imaging Files
Contact the imaging center or hospital radiology department. Request the images in DICOM format on a CD or digital file. Vermont facilities may charge reasonable copying fees under federal and state rules. Ask for an itemized invoice before paying.
Use Records in the Discovery Process
Use Vermont Rule of Civil Procedure 34 to request documents from the opposing party. Under Rule 26(a)(2), disclose any expert witnesses who will review your medical records and imaging. Provide copies of all records to experts so they can prepare reports.
Admit Records at Trial
Business records, including medical files, qualify for the hearsay exception under Vermont Rules of Evidence 803(6). To admit these records, have the custodian of records authenticate them or use a certified foundation letter. Experts can testify about the records and imaging findings.
Helpful Hints
- Send record requests via certified mail and track delivery.
- Follow up in writing if providers delay more than 30 days.
- Work with a medical expert to interpret complex imaging results.
- Review discovery deadlines in the Vermont trial court where your case is filed.
- Maintain organized files and a timeline of treatments.
Disclaimer: This article provides general information about Vermont law and does not constitute legal advice. For advice on your specific situation, consult a licensed attorney.