Detailed Answer
When you’re injured in an auto accident, medical records and diagnostic images can prove your injuries and link them to the crash. Under Indiana law, you have a clear right to access and use these records in any legal claim. Below is a step-by-step guide to help you obtain, preserve, authenticate, and present this evidence in an Indiana auto accident injury case.
1. Identify All Healthcare Providers
List every facility or professional who treated you: hospitals, urgent care centers, imaging centers, chiropractors, and your primary care provider. Each may maintain separate records and scans.
2. Request Records Under Indiana Code
Indiana Code § 16-39-4-4 grants you the right to obtain copies of your clinical records, including diagnostic imaging. Make a written request to each provider’s medical records department. Include:
- Your full name, date of birth, and the dates of treatment
- A clear statement that you request a copy of your medical records and imaging files
- Your signature and date
View the statute here: IC 16-39-4-4.
3. Sign a HIPAA Authorization Form
Most providers require a HIPAA-compliant authorization to release records to your attorney or an insurance company. Ask the provider for their standard form or provide one from your attorney’s office. Federal HIPAA regulations (45 C.F.R. § 164.508) govern this process.
4. Obtain Diagnostic Imaging Files
Request your X-rays, MRIs, CT scans, and ultrasounds in their original DICOM format if possible. Digital files allow experts to re-examine images or create demonstratives. Many providers charge a nominal fee; Indiana law caps copying charges at a reasonable rate.
5. Preserve Chain of Custody
Keep originals or certified copies in a secure folder. Document each transfer—from the provider to you, from you to your attorney—to establish an unbroken chain of custody. Courts rely on this to admit evidence.
6. Authenticate Records for Court
Under Indiana Evidence Rule 803(6), medical records qualify as a business records exception if you have the custodian or qualified witness testify that the records were made in the regular course of business. Your attorney will help you arrange for this authentication.
7. Use Records in Discovery and Trial
Once you file suit, serve document requests under Indiana Rules of Trial Procedure 34 to compel the other party to produce their own records. When you and your attorney draft your claim, highlight medical entries that describe diagnoses, treatments, and prognoses, and attach imaging stills or reports to your pleadings. During depositions, use these documents to question healthcare providers and opposing experts.
Helpful Hints
- Keep a master log of every record request and correspondence.
- Request records promptly—providers must respond within 30 days under IC 16-39-4-4.
- Review records for gaps or inconsistencies; follow up if something is missing.
- Retain original CDs or films until your case resolves; create backups.
- Talk to a medical expert early to identify which imaging is most critical for your claim.
- Consider a preservation letter to all providers and insurers when litigation is anticipated.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific situation in Indiana.