Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance specific to your situation.
Detailed Answer: Obtaining and Using Medical Records and Diagnostic Imaging in Maine Auto Accident Cases
When you file a claim for injuries sustained in an auto accident, medical records and diagnostic images (X-rays, MRIs, CT scans) form the backbone of your proof. Under Maine law, you control access to your health information and can request copies to support your case.
1. Identify Health Care Providers and Facilities
- List every provider you saw for accident-related injuries (hospitals, urgent care, specialists, imaging centers).
- Include dates of service and account or patient ID numbers if available.
2. Submit a Written Request with Authorization
Under Maine Revised Statutes Title 22 §1711, providers must release records when you sign a valid authorization form. Most facilities supply their own form, or you can use a generic HIPAA authorization (45 C.F.R. §164.508).
- Include your name, date of birth, specific records requested, purpose (“auto accident claim”), date range, and your signature.
- Address the request to the medical records department of each facility.
- Ask for diagnostic imaging in a digital format (CD or secure download).
3. Pay Reasonable Fees and Track Deadlines
Maine law permits providers to charge a “reasonable fee” for copying records. They must respond within 30 days of your request (22 M.R.S. §1711). If you need expedited handling, note it in your request and offer to pay rush fees.
4. Organize and Review Your Records
- Sort records chronologically and highlight treatment related to the crash.
- Obtain radiology reports that interpret your images. These reports often contain crucial medical opinions on the severity and cause of injuries.
- Summarize key findings: fractures, soft tissue damage, concussions, and recommended treatments.
5. Use Records to Build Your Case
Liability: Medical records link your injuries directly to the accident. Notes from ER doctors and imaging reports demonstrate causation.
Damages: Treatment timelines, billing statements, and follow-up care show the scope and cost of your injuries. Chronologies help establish lost wages and ongoing care needs.
During discovery, exchange these records with the other side under Maine Rules of Civil Procedure 26 and 34. You may be asked to produce originals or certify copies.
Helpful Hints
- Request records promptly. Early collection helps you assess case value and draft demand letters faster.
- Keep both digital and paper copies. Back up CDs and scanned files in secure folders.
- Double-check authorizations. An incomplete form can delay your request by weeks.
- Use a medical record retrieval service if you have multiple providers.
- Consult a personal injury attorney before signing settlement releases. They can ensure your records support future claims.