Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult an attorney for guidance on your specific situation.
Detailed Answer
After an auto accident in Missouri, medical records and diagnostic images provide crucial proof of injuries, treatment and causation. Here’s how to obtain and use these records under Missouri law and federal HIPAA rules.
1. Understand Your Right to Access Records
Missouri law grants patients the right to inspect and copy their health records. Under RSMo 7191.227, healthcare providers must honor a patient’s written request and deliver records within 30 days. Federal HIPAA regulations (45 C.F.R. A7164.524) impose similar obligations.
2. Prepare and Submit a Written Authorization
- Include patient name, date of birth, specific dates of service and types of records (e.g., radiology films, MRI reports).
- Sign and date the authorization form provided by each provider.
- Specify your preferred format (paper copy, CD, electronic PDF).
3. Address Fees and Deadlines
Providers may charge reasonable copying fees under RSMo 7191.227. If a provider fails to respond within 30 days, you can:
- File a complaint with the U.S. Department of Health and Human Services, Office for Civil Rights.
- Seek a court order compelling production via subpoena under RSMo 7490.640.
4. Obtain Diagnostic Imaging
Request imaging studies (X-rays, CT scans, MRIs) in DICOM format on CD or via secure electronic transfer. Ensure you receive both the image files and the radiology report. This preserves image quality and metadata.
5. Organize and Review Records
Chronologically sort records to correlate treatments with accident dates. Highlight key findings like fractures, soft-tissue damage or neurological deficits. Summaries or timelines help jurors and insurers quickly grasp your injury story.
6. Authenticate Records for Court
Under Missouri Rule of Evidence 55.03, medical records qualify under the business-records exception if you establish:
- The records originated in the regular course of business.
- It was standard practice to record details promptly.
- You present a custodian’s affidavit or testimony to authenticate.
If a provider won’t cooperate with certification, your attorney can subpoena the custodian of records under RSMo 7490.640.
7. Use Records to Prove Your Case
- Causation: Show how accident forces caused documented injuries.
- Extent of Damage: Use imaging to demonstrate severity and need for surgery or therapy.
- Ongoing Care: Attach treatment plans and follow-up notes to prove lasting impact.
8. Work with Experts
Retain a medical expert, such as an independent radiologist or orthopedic surgeon, to interpret imaging and testify on standard of care, causation and prognosis.
Helpful Hints
- Keep originals and request digital backups to prevent loss.
- Track request dates and comply with provider fee schedules.
- Obtain a certified record custodian affidavit when possible.
- Ask for all diagnostic reports, including radiologist notes and technical logs.
- Use a medical chronologist to create a clear injury timeline.
- Review records with your attorney before depositions.
Key Statutes and Rules
- RSMo §191.227 – Patient access to health care records.
- RSMo §490.640 – Subpoena of custodian of records.
- 45 C.F.R. §164.524 – HIPAA right of access.
- Missouri Rule of Evidence 55.03 – Business‐records exception to hearsay.