How to Obtain and Use Medical Records and Diagnostic Imaging to Support an Auto Accident Injury Case in Kentucky | Kentucky Car Accidents | FastCounsel
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How to Obtain and Use Medical Records and Diagnostic Imaging to Support an Auto Accident Injury Case in Kentucky

Disclaimer: This article provides general information and is not legal advice. Always consult a qualified attorney for guidance specific to your circumstances.

Detailed Answer

In Kentucky, you have a right to access your medical records and diagnostic imaging under the federal Health Insurance Portability and Accountability Act (HIPAA) (45 C.F.R. § 164.524) and state procedural rules. Gathering these documents strengthens your auto accident injury claim by showing the nature, extent, and treatment of your injuries.

1. Requesting Medical Records and Imaging

  1. Identify providers: List all physicians, hospitals, urgent care centers, and radiology facilities that treated you after the crash.
  2. Submit a written request: Use each provider’s release form or send a HIPAA-compliant authorization letter. Include:
    • Your full name and date of birth
    • Dates of service
    • Specific records requested (e.g., ER notes, CT scans, MRIs)
    • A clear signature and date
  3. Expect response and fees: Providers must respond within 30 days. They may charge a reasonable fee for copying and postage under HIPAA; Kentucky does not impose stricter limits.

2. Organizing Records for Your Case

  • Chronological order: Arrange records by date to map your injury and recovery timeline.
  • Highlight key findings: Note fractures, disc herniations, soft-tissue damage, or other diagnoses.
  • Secure images: Request digital media (CD/DVD) or film copies. Obtain a radiologist’s report if not included.

3. Introducing Records into Evidence

Under Kentucky Rules of Civil Procedure (CR):

  • Initial disclosures: CR 26.02(3)(B) requires you to list medical records and imaging you may use at trial.
  • Requests for production: Serve a CR 34 request to compel opposing parties to produce related records.
  • Subpoena duces tecum: Use CR 45 to subpoena non-parties (e.g., hospitals) if they do not honor your HIPAA request.
  • Authentication: Medical records are self-authenticating under Kentucky Rule of Evidence (KRE) 902(4). A custodian’s sworn affidavit or declaration under 28 U.S.C. § 1746 can establish authenticity.

4. Leveraging Records in Your Claim

  • Establish causation and severity of injuries.
  • Show the chronology and necessity of treatments.
  • Calculate past and future medical expenses.
  • Support non-economic damages (pain, suffering) with provider notes.

Helpful Hints

  • Keep copies of all requests and follow up if you don’t receive records within 30 days.
  • Review medical bills and Explanation of Benefits (EOBs) to verify treatment costs and dates.
  • Consider hiring a medical expert to interpret complex imaging.
  • Organize records in a clearly labeled binder or digital folder for settlement negotiations or trial.
  • Explore an independent medical examination if the defense challenges your injuries.

Additional resources:

  • HIPAA access guidance: https://www.hhs.gov/hipaa/for-professionals/privacy/guidance/access/index.html
  • Kentucky Civil Rules of Procedure: https://kycourts.gov/legislation_rules/Pages/rules-of-civil-procedure.aspx

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.