Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
After a car accident in South Dakota, assembling and submitting complete medical treatment records is critical to support your injury claim. Follow these steps to ensure you gather, organize, and deliver all necessary documentation.
1. Request Records from Each Healthcare Provider
Under the federal Health Insurance Portability and Accountability Act (HIPAA), you have the right to access your medical records. Contact every doctor, hospital, clinic, physical therapist, chiropractor, and other provider who treated you. Most will have a Medical Records Request Form. Ask for:
- Office notes and progress reports
- Diagnostic imaging (X-rays, MRIs, CT scans) and radiology reports
- Laboratory test results
- Itemized billing statements and explanations of benefits (EOBs)
Include the patient’s name, date of birth, dates of treatment, and a signed authorization. Keep copies of both your request and their response.
2. Organize Records Chronologically with an Index
Once you receive the documents, sort them by date. Create an index or table of contents that lists each entry (e.g., “Exhibit A: Emergency Room Records – 07/15/2023,” “Exhibit B: Orthopedic Surgery Report – 08/01/2023”). Number or letter each exhibit. This helps adjusters, defense counsel, and the court quickly locate specific information.
3. Prepare a Medical Chronology Summary
Draft a one- to two-page medical chronology. For each treatment date, note:
- Provider name and specialty
- Diagnoses and injuries treated
- Treatment type (e.g., surgery, physical therapy, medication)
- Total billed amount and amount covered by insurance
This summary gives decision-makers a clear overview of your care path and associated costs.
4. Submit Records to the Insurance Company
When you make your demand to the at-fault driver’s insurer, include your indexed records, the medical chronology summary, and a cover letter outlining your injuries and total medical expenses. Send the package via certified mail with return receipt to prove delivery.
5. Comply with South Dakota Civil Procedure Rules If Litigation Ensues
If your claim proceeds to a lawsuit, South Dakota rules require you to disclose documents you may use at trial. Under SD R. Civ. P. 26(a)(1), you must provide copies of all medical records you intend to rely upon. The opposing party may also serve a Request for Production of Documents (Rule 34), seeking additional records. Respond within the court-ordered deadline.
6. Maintain Digital and Physical Backups
Keep original documents in a secure physical file. Scan everything into a digital folder with the same index. Cloud storage or an encrypted USB drive ensures you don’t lose crucial evidence.
Helpful Hints
- Track deadlines: Note any statute of limitations (SDCL § 15-2-14) and discovery cut-off dates.
- Use consistent labeling: Match your summary items with exhibit labels in the records.
- Confirm receipt: Follow up with insurers or opposing counsel to verify they received your package.
- Redact sensitive data: Remove unrelated personal details (e.g., Social Security numbers) before sharing.
- Consult a lawyer early: An attorney can guide you on discovery strategy and admissibility.