Disclaimer: This article provides general information about Massachusetts law and does not constitute legal advice. Consult a qualified attorney for guidance.
Detailed Answer
1. Understand Your Rights Under HIPAA and Massachusetts Law
Under the federal Health Insurance Portability and Accountability Act (HIPAA), you control access to your medical records and imaging. In Massachusetts, General Laws chapter 111, section 70E (M.G.L. c.111, §70E) grants you the right to inspect and obtain copies of your records within 30 days of a written request.
2. Requesting Medical Records and Imaging
Follow these steps to secure your records:
- Identify Providers: List all hospitals, clinics, urgent care centers and imaging centers that treated you after the accident.
- Written Authorization: Complete each provider’s HIPAA-compliant release form authorizing disclosure to you or your attorney.
- Copying Fees: Massachusetts law allows providers to recover reasonable costs for copying; ask for a fee schedule in advance.
- Timeline: Providers must respond within 30 days. If delayed, send a follow-up in writing.
3. Using Subpoenas and Discovery in Litigation
If a provider refuses or delays production, you can compel records through formal discovery. Under Mass. R. Civ. P. 34 you may request documents, and a subpoena duces tecum forces third-party production.
4. Reviewing, Organizing and Presenting Evidence
Once you receive medical records and diagnostic images (X-rays, MRIs, CT scans), review them for accuracy and completeness. Highlight impairments, treatment dates and key findings. To admit these records at trial, a custodian of records must authenticate via affidavit under M.G.L. c.231, §6F.
Helpful Hints
- Request records promptly to meet discovery deadlines.
- Keep a chronological treatment timeline and note gaps.
- Obtain both digital and paper copies when available.
- Label imaging files with dates and body parts for clarity.
- Work with your attorney to draft subpoenas and motions to compel.
- Consider retaining a medical expert to interpret imaging and testify on your behalf.