How to gather and submit medical records and bills to support an injury claim in MS

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

Gathering and Submitting Medical Records and Bills for an Injury Claim in Mississippi

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney to discuss the specifics of your situation.

Detailed Answer

When you file a personal injury claim in Mississippi—such as after a car wreck or slip-and-fall—you must gather medical records and bills to show the extent and cost of your injuries. Follow these steps to compile accurate, complete documentation:

1. Identify Every Health Care Provider

List all medical professionals and facilities that treated you: hospitals, urgent care centers, primary care physicians, specialists, therapists, imaging centers, and pharmacies.

2. Execute a HIPAA-Compliant Authorization

Under federal law (45 C.F.R. §164.508), you must sign a HIPAA release form to let providers share your records. Use each provider’s standard authorization or a universal HIPAA form available on the U.S. Department of Health & Human Services website: HHS HIPAA Privacy.

3. Send Written Requests

Mail or hand-deliver your signed authorization to each provider’s medical records department. Include:

  • Your full name, date of birth, and address.
  • Dates of treatment.
  • Specific records requested (e.g., charts, X-rays, therapy notes).
  • A deadline (typically 30 days) per Mississippi’s Public Records Law, Miss. Code Ann. §25-61-1 et seq.

4. Obtain Itemized Bills and EOBs

Request detailed billing statements and Explanation of Benefits (EOBs) from insurance. These documents break down charges for each service or procedure.

5. Organize and Review

Arrange your records chronologically. Verify that dates, procedures, and provider names match your medical chronology. Highlight those entries directly related to your injury.

6. Submit Records During Discovery

In Mississippi civil cases, discovery allows you to exchange documents under Mississippi Rule of Civil Procedure 34. You may also attach key records and bills to your initial complaint or demand letter to the at-fault party’s insurer.

7. Keep Copies and Logs

Retain certified copies of everything you send. Maintain a log listing the provider’s name, date you sent the request, and date you received records back.

Timeline Consideration

Mississippi’s statute of limitations for personal injury claims is three years from the date of injury (Miss. Code Ann. §15-1-49). Start gathering records early to avoid missing filing deadlines: Miss. Code §15-1-49.

Helpful Hints

  • Request digital and paper copies to ensure usability in court filings.
  • Follow up in writing if you don’t receive records within 30 days.
  • Ask for “complete medical record” rather than partial charts.
  • Use a trackable mailing service when sending authorizations.
  • Check for errors in billing codes and duplicate charges.
  • Consult an attorney if providers refuse to release records.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.