Understanding How to Obtain and Use Medical Records and Diagnostic Imaging in an Auto Accident Injury Case

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

Detailed Answer

When you pursue compensation for injuries from an auto accident in Maryland, medical records and diagnostic images form the backbone of your proof. They document your injuries, treatments, and long-term care needs. Here’s how to obtain and use them effectively:

1. Identify All Relevant Health Care Providers

List every facility, doctor, clinic, urgent care center, imaging center or rehabilitation provider you’ve visited for accident-related injuries.

2. Submit a Written Request Under HIPAA and Maryland Law

Federal HIPAA (45 C.F.R. §164.524) and Maryland’s Health-General § 4-301 grant you a right to access your records. Include in your request:

• Your full legal name, date of birth, and address
• The specific records you want (e.g., MRI reports, X-rays, progress notes)
• The time frame covered (e.g., “December 1, 2023 to present”)
• Signature and date

Send the form via certified mail or secure portal. Maryland providers must respond within 30 days under Health-Gen § 4-301: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=hg&section=4-301.

3. Pay Reasonable Fees

Providers can charge a reasonable fee for copying records or images. If you’re indigent, you may request a fee waiver under Health-Gen § 4-307: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=hg&section=4-307.

4. Use Discovery Tools After Filing Your Case

Once you file an auto injury lawsuit in Maryland circuit court, you can use Maryland Rules 2-402 (Production of Documents) and 2-403 (Depositions and Discovery). Through your attorney, you can:

• Serve a Request for Production on the defendant’s experts to obtain additional records or imaging
• Issue subpoenas duces tecum to third-party providers who haven’t responded
• Depose treating physicians to authenticate records and discuss imaging findings

Reference the Maryland Rules at: https://mdcourts.gov/rules.

5. Authenticate and Introduce Records at Trial

Maryland Rule 5-901 governs authenticating business records. Your treating doctor or a records custodian can testify that the records are complete and accurate. Once authenticated, medical records and clear diagnostic images (CT scans, MRIs) carry strong weight before the judge or jury.

Helpful Hints

• Keep a chronological treatment diary including dates, symptoms and medications.
• Request copies of raw imaging (DICOM files) and radiologist reports.
• Review records promptly for errors or omissions; correct them in writing.
• Use color copies of imaging for clarity if you display them at trial.
• Organize records into a trial binder or chronological PDF.
• Discuss with your attorney whether you need life-care or economic loss experts to interpret long-term costs.
• Keep all original records in a safe and labeled folder.