How to Obtain and Use Medical Records and Diagnostic Imaging in a Louisiana Auto Accident Injury Case

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney about your specific situation.

Detailed Answer

1. Requesting Medical Records Under Louisiana Law

Under La. Rev. Stat. § 40:1299.96(D), you have the right to access your medical records. To obtain records:

1. Submit a written request or complete the provider’s authorization form. Include your name, date of birth, dates of treatment, and signature.
2. Pay any reasonable copying fees. Providers must respond within 15 business days.
3. If the provider denies your request, send a follow-up in writing citing La. Rev. Stat. § 40:1299.96(D). You may file a complaint with the Louisiana Department of Health.

2. Subpoenaing Records Through Litigation

If the case is in litigation and a provider refuses to release records, use a subpoena duces tecum under La. Code Civ. Proc. art. 1428 (LCCP Art. 1428):

1. Serve the subpoena on the custodian of records, giving at least 10 days’ notice.
2. Include a schedule describing the documents (e.g., MRI scans, CT images, treatment notes).
3. File a motion to compel if the custodian fails to comply.

3. Obtaining Diagnostic Imaging Files

Medical imaging (MRIs, CT scans, X-rays) often comes on CD/DVD or via secure electronic transfer. When requesting images:

• Specify DICOM format for forensic use.
• Ask for the radiologist’s report to confirm findings.
• Maintain a clear chain of custody to preserve authenticity.

4. Admitting Records and Images into Evidence

To use records in court, you must authenticate them and overcome hearsay rules. Under La. Code Evid. art. 803(6) (LCE Art. 803(6)), business records are admissible if you show:

• The record was made at or near the time of treatment.
• The record was kept in the regular course of business.
• The custodian or qualified witness can testify to its integrity.

Use a medical expert to lay foundation for images and reports. The expert will verify that films match patient identifiers and analyze the causation and permanency of injuries.

5. Strategic Use of Records in Your Case

Once you have records and imaging, integrate them into your case:

1. Identify key dates and treatments to establish injury severity and chronology.
2. Highlight diagnostic findings (e.g., herniated disc, fractured bone) in demand letters.
3. Use records in depositions to challenge or support witness testimony.
4. Present images during mediation or trial to illustrate damages visually.

Helpful Hints

• Organize records by date and type (e.g., emergency visit, follow-up care).
• Keep copies of all correspondence with providers and subpoenas.
• Request cost estimates upfront to avoid unexpected fees.
• Use encrypted email or secure portals when exchanging sensitive files.
• Consult a personal injury attorney early to guide the discovery process.