Disclaimer: This article provides general information only. It does not constitute legal advice. Consult a licensed attorney to discuss your specific situation.
Detailed Answer
Understanding Indiana’s Requirements for Medical Records in Injury Claims
In Indiana, you must show medical treatment and expenses to prove damages in a personal injury claim. You do this by gathering medical records and itemized bills from every healthcare provider involved in your treatment. Under Indiana Code §34-46-4-1, copies of hospital records are admissible in court if properly certified and authenticated (Indiana Code §34-46-4-1).
Step 1: Identify and Request Your Medical Records
First, list all providers: hospitals, urgent care centers, doctors, therapists, and pharmacies. Contact each provider’s medical records department. Request copies of:
- Progress notes and clinical summaries
- Diagnostic images (X-rays, MRIs, CT scans)
- Billing statements and itemized invoices
Use a signed HIPAA authorization form. Indiana follows federal HIPAA rules that give you a right to access your records. See U.S. Department of Health & Human Services guidance at HHS HIPAA Access Guidance.
Step 2: Organize and Review Records
When you receive your records and bills:
- Compare records to your treatment plan. Ensure dates and services match your injury timeline.
- Check bill codes and descriptions match medical services rendered.
- Note any missing or unclear entries and request corrections or clarifications.
Step 3: Prepare Records for Submission
Once complete, compile the materials into a single binder or electronic file:
- Label each section by provider and date.
- Include a cover sheet with your name, claim number, and injury date.
- Attach certified records: have providers certify copies according to Indiana Code §34-46-4-1 requirements.
Step 4: Submit Records with Your Demand Package
Include your medical records and itemized bills with your demand letter to the insurance company or opposing party. Send via certified mail or secure electronic delivery. Retain proof of delivery. Keep a complete copy for your files.
Helpful Hints
- Begin record requests early. Providers may take 30–60 days to fulfill requests.
- Track request deadlines under Indiana Evidence Rules and statute timelines for discovery.
- Use online patient portals to download recent records faster.
- Consider a medical record retrieval service for complex or voluminous cases.
- Keep detailed notes of phone calls and request dates in a log.
- Organize bills chronologically to show total expenses at each treatment stage.
- Review your records with an attorney to identify gaps or missing evidence.