Detailed Answer
When you’re injured in an auto accident in West Virginia, medical records and diagnostic imaging provide critical proof of your injuries and treatment. Under West Virginia law, you have the right to access and use these records to support your personal injury claim. Below is a step-by-step guide.
1. Requesting Your Medical Records
- HIPAA Compliance: Under the federal HIPAA Privacy Rule (45 C.F.R. §164.524), you may request your complete medical file directly from any health care provider. Many offices provide a standardized form—complete it, specify “medical records” and “diagnostic images.”
- State Law Authorization: West Virginia Code §16-29B-6 authorizes disclosure of protected health information when the patient provides written authorization. Link: W. Va. Code §16-29B-6.
- Fees and Timeframes: Providers may charge reasonable copying fees. Federal rules require a response within 30 days; West Virginia may impose similar timelines.
2. Subpoenaing Records If Necessary
- Civil Subpoena: If a provider refuses, your attorney can issue a subpoena duces tecum under West Virginia Rules of Civil Procedure, Rule 45. This compels production of records directly to the court or your attorney.
- Foundation for Admissibility: Use your custodian of records affidavit and a proper chain-of-custody log to introduce records at trial.
3. Obtaining Diagnostic Imaging
- Digital Formats: Request images on CD/DVD or via secure upload in DICOM format. Avoid printed film—digital originals maintain image quality.
- Radiology Reports: Include radiologist interpretations. Under W. Va. Code §55-7B-6, signed reports from hospitals and physicians are admissible hearsay exceptions. Link: W. Va. Code §55-7B-6.
4. Organizing and Reviewing the Records
- Chronological Order: Arrange records by date to show treatment progression.
- Highlight Key Entries: Emphasize initial emergency care, follow-up visits, diagnostic findings, treatment plans and restrictions.
- Identify Gaps: Note any missing periods; request supplemental records or provider notes.
5. Using Records to Strengthen Your Claim
- Medical Chronology: Create a timeline correlating accident details with injuries and treatments.
- Expert Review: Have a qualified medical expert review imaging and records to establish causation and severity.
- Settlement & Trial Preparation: Share organized records with your attorney. Use key pages and image stills in demand letters and exhibits for mediations or trial.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney for guidance on your specific situation.
Helpful Hints
- Request itemized billing statements to document medical costs.
- Obtain emergency department reports and nursing notes for context.
- Keep both digital backups and original physical CDs of imaging.
- Use provider release forms that comply with HIPAA and West Virginia law.
- Coordinate with your attorney on timing subpoenas to avoid delays.
- Review all records for consistency and completeness before sharing.
- Ask about interpreter services if medical notes contain technical jargon.