Detailed Answer
Medical records and diagnostic imaging play a critical role in proving injuries after an auto accident. In Arizona, injured parties use these documents to establish the nature, extent, and cause of injuries. Below is a step-by-step guide on how to obtain and leverage these records effectively.
1. Identify the Relevant Providers
First, list all healthcare providers who treated you after the accident. This may include emergency departments, urgent care centers, specialists, physical therapists, and imaging centers.
2. Submit a Written Request Under HIPAA
The federal Health Insurance Portability and Accountability Act (HIPAA) gives you the right to access your medical records. Send a written request to each provider. Include your name, date of birth, treatment dates, and a clear description of the records you seek.
3. Use Arizona Statute for Production of Records
Arizona law permits parties in civil cases to request medical records through a subpoena or at any time by written demand. See A.R.S. § 12-2297. If a provider refuses, you may file a subpoena duces tecum to compel production of records.
4. Obtain Diagnostic Imaging and Reports
Request electronic or physical copies of CT scans, MRIs, X-rays, ultrasounds, and their associated radiologist reports. Imaging centers often charge fees per image or per disk. Ask for certified copies if required for court.
5. Review and Organize Your Records
Once you receive your records, review them for accuracy. Organize documents chronologically or by body area. Create an exhibit list to summarize each record and its relevance to your injury claims.
6. Collaborate with Medical Experts
Consult a medical professional who can interpret your imaging and correlate it with your accident. Expert opinions can strengthen your case by confirming causation and severity of injuries.
7. Present Records in Negotiations and at Trial
Use your organized records to negotiate with insurance adjusters or present evidence in court. Highlight key findings, such as fractures or internal injuries, and support them with imaging exhibits and expert testimony.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for guidance tailored to your situation.
Helpful Hints
- Keep copies of all requests and correspondence.
- Track costs for copying and certification; these may be recoverable.
- Ask for a detailed billing summary to support your pain and suffering claims.
- Review records promptly to identify missing or incomplete items.
- Store electronic records securely with password protection.
- Consider using a medical record retrieval service for complex cases.
- Label imaging files with date and facility name for clarity.