Disclaimer: This article is for educational purposes and does not constitute legal advice. Consult a qualified attorney for guidance tailored to your situation.
Detailed Answer
Under Mississippi law, injured parties can access their medical records—and diagnostic imaging—to build evidence in an auto accident case. Below are key steps:
1. Request Your Medical Records
Mississippi law grants patients the right to examine and copy their health records. You must provide a written request to the healthcare provider and include a signed HIPAA authorization. Providers generally must respond within 30 days. See Miss. Code Ann. § 41-41-57.
2. Obtain Diagnostic Imaging Files
Ask the hospital or imaging center for the DICOM files or a radiology CD containing CT scans, MRIs, X-rays, and reports. Providers may charge a reasonable fee for copying. Review the images with a radiologist to identify fractures, soft-tissue injuries, or other trauma.
3. Use Discovery Tools in Litigation
If you file a lawsuit, you can use Mississippi Rules of Civil Procedure to request records from third parties. Under Rule 34, you serve a notice for production of documents on opposing parties. For non-party providers, you issue a subpoena under Rule 45. Make sure your subpoena complies with HIPAA’s minimum necessary requirement.
4. Authenticate and Admit Records into Evidence
To admit records at trial, lay the foundation under the business-records exception. Under Mississippi Rule of Evidence 803(6), records kept in the regular course of business are admissible if you provide:
- A custodian’s affidavit or testimony.
- Proof of the record’s reliability and that it was made near the time of treatment.
5. Collaborate with Medical Experts
Have a treating physician or retained expert review records and imaging to prepare a report. Experts can testify on causation and prognosis, linking documented injuries to the accident.
6. Prepare Exhibits for Trial
Highlight relevant portions of the records and imaging. Use enlarged images or charts to illustrate injury severity. Ensure exhibits comply with local court rules on formatting and disclosure.
Helpful Hints
- Keep copies of all written requests and authorizations.
- Track deadlines: Mississippi Code § 41-41-57 allows 30 days to produce records.
- Negotiate fees in advance to control costs.
- Use clear labels on CDs or digital files for easy reference.
- Confirm subpoena delivery and service requirements with the court clerk.
- Discuss admissibility concerns with your attorney early in the case.