Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
1. Obtain Proper Authorizations
Under federal HIPAA (45 C.F.R. § 164.524) 45 C.F.R. § 164.524 and Delaware Code 16 Del. C. § 1233, you must obtain a signed authorization to access medical records. Delaware Code 16 Del. C. § 1233 grants patients the right to inspect and copy health information. Providers may charge a reasonable fee under 16 Del. C. § 1235 for copying and delivery (16 Del. C. § 1235).
2. Request Records and Imaging
Send a written request to each healthcare provider. Include the patient’s full name, date of birth, treatment dates, and specific records needed. Explicitly request diagnostic imaging (X-rays, MRIs, CT scans) on CD or film. If a provider refuses or delays production, issue a subpoena under Delaware Superior Court Rule 45 (Rule 45) to compel delivery of records and images.
3. Authenticate and Introduce Records
To admit medical records and imaging at trial, authenticate them under the business records exception, Delaware Rule of Evidence 803(6). Use a certified copy or obtain an affidavit from the custodian of records. For diagnostic imaging, have a qualified medical expert authenticate the scans and explain findings clearly to the factfinder.
4. Leverage Records in Your Case
Medical records and diagnostic images support injury severity, causation, and necessary treatment costs. Share these documents with retained medical experts to prepare detailed opinions. Use imaging as demonstrative exhibits—such as enlargements of scans—to visually illustrate injuries during settlement negotiations or at trial.
Helpful Hints
- Keep copies of all authorizations and correspondence with providers.
- Follow up on outstanding requests if you don’t receive records within 30 days.
- Organize records chronologically to track treatment and injury progression.
- Highlight critical imaging that clearly shows the injury.
- Consult an attorney if a provider denies or improperly limits access.