Detailed Answer
After an auto accident, your medical records and diagnostic imaging help prove the nature, extent and cause of your injuries. Under Virginia law, you have a right to access and use these documents in court. Follow these steps:
1. Request Your Medical Records
Virginia Code §32.1-127.1 gives patients the right to obtain their health records. Submit a written request or use the provider’s patient portal. Providers must respond within 21 days. They may charge a reasonable fee for copying. See Va. Code §32.1-127.1: law.lis.virginia.gov.
2. Obtain Diagnostic Imaging
Contact the radiology department directly. Complete any HIPAA authorization forms required by federal law. Request digital copies (CD, DVD or secure download) of X-rays, MRIs and CT scans. Fees must comply with federal HIPAA limits.
3. Review and Organize Records
Once received, review all reports, treatment notes and images. Organize them chronologically. Create a summary chart that highlights key diagnoses, treatment dates and follow-up recommendations.
4. Authenticate Records for Court
Virginia Rule of Evidence 2:803(6) (business records exception) allows medical records if a qualified custodian certifies their authenticity. Your attorney or a records custodian can provide the foundation testimony or declaration.
5. Use Records to Support Your Claim
Your records and imaging help establish:
- Nature and severity of injuries
- Causation linking injuries to the accident
- Medical expenses incurred and anticipated future costs
- Pain, suffering and loss of function
Present organized records to your attorney, medical experts and the court to calculate fair compensation.
Key Virginia Statutes
- Va. Code §32.1-127.1 – Patient access to medical records
- Va. Code §8.01-413.8 – Fees for medical records in civil cases
Helpful Hints
- Submit record requests promptly to avoid delays in your case.
- Keep copies of all written requests and provider responses.
- Label imaging files clearly with date, type and body part.
- Verify that all pages, notes and images are included before paying fees.
- Work with a medical expert to interpret complex scans and reports.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.