Detailed Answer
If you suffered injuries in a Montana auto accident, medical records and diagnostic images are critical evidence. These documents show your injuries, treatment, and prognosis. Below is a step-by-step guide on how to obtain, preserve, authenticate, and use these records under Montana law and federal HIPAA rules.
1. Understand Your Right to Access Medical Records
Under federal HIPAA (45 C.F.R. § 164.524) and Montana law, you have a right to inspect and copy your health care information. Montana Code Annotated § 50-16-513 requires providers to obtain your written authorization before releasing records. Montana Code Annotated § 50-16-502 allows you to request records directly from any health care facility that treated you.
2. Request Your Medical Records and Imaging
- Complete a HIPAA-compliant authorization form. Specify dates of service, types of records (e.g., ER notes, surgical reports) and diagnostic imaging (X-rays, MRIs, CT scans).
- Send the form by certified mail or secure portal to each provider. Include patient name, date of birth, and date of accident.
- Under HIPAA and Mont. Code Ann. § 50-16-515, providers must respond within 30 days. They may charge reasonable fees for copying and postage.
- For imaging, request original films or digitally certified DICOM files on CD/DVD. Retention rules may vary; request promptly to avoid loss.
3. Preserve and Authenticate Records for Court
- Send a “litigation hold” or notice to preserve evidence to each provider and imaging center as soon as you foresee litigation.
- If informal requests fail, your attorney can issue a subpoena duces tecum. Follow Mont. R. Evid. 803(6) (business records exception) and Mont. R. Evid. 902(11) (certified records).
- Authenticate records by obtaining a certification from the custodian of records or an affidavit under Mont. R. Evid. 902(11).
4. Use Records and Imaging in Your Case
- Share records and images with your attorney and retained experts for interpretation.
- Use diagnostic images in depositions to refresh memory and impeach testimony.
- Create trial exhibits (e.g., annotated films, 3D reconstructions) to illustrate injury mechanisms and severity.
5. Manage Costs and Fees
Montana law allows providers to charge reasonable copying fees. If costs become excessive, your attorney can negotiate or file a motion to compel under Mont. R. Civ. P. 37.
6. Avoid Common Pitfalls
- Don’t delay requests—imaging centers may destroy films after retention periods expire.
- Ensure authorizations cover all relevant providers and dates.
- Review records promptly for errors or missing pages.
- Keep certified mail receipts and track all correspondence.
Disclaimer: This article provides general information only and does not constitute legal advice. Consult a licensed attorney before making legal decisions.
Helpful Hints
- Track deadlines: Montana law generally requires providers to respond within 30 days.
- Use certified mail or secure portals for all record requests.
- Keep a detailed log of phone calls, emails, and postage receipts.
- Request both reports and original image files, not just printed films.
- Get records certified to streamline their admission in court (see Mont. R. Evid. 902(11)).
- Consult a radiology expert early to interpret complex images.
- Discuss cost-sharing options if medical providers demand high copying fees.
Statutes and rules cited:
Mont. Code Ann. § 50-16-502,
§ 50-16-513,
45 C.F.R. § 164.524,
Mont. R. Evid. 803(6),
Mont. R. Evid. 902(11).