Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
1. Understand Your Rights Under Nevada Law
Under Nevada law, you have the right to inspect, copy and obtain your medical records from any healthcare provider. See NRS 629.051(1) (NRS 629.051).
2. Identify the Relevant Records and Imaging
Compile treatment notes, diagnostic imaging (X-rays, MRIs, CT scans) and radiology reports that document your injuries. Include emergency room records, follow-up exams and any physical therapy notes.
3. Submit Written Authorization
Complete an authorization form provided by each medical provider. The form must include your name, date of birth, dates of treatment and the specific records you request. Providers may charge a reasonable fee for copying and mailing.
4. Follow Up and Verify Delivery
If you do not receive records within 30 days, send a written follow-up. Under NRS 629.051(2), a provider must respond within that time frame or notify you of a delay.
5. Organize and Review Records
Once you obtain records, organize them chronologically. Highlight key findings such as diagnosis, treatment plans and any permanent impairment. Create a summary chart to show dates, providers and billed services.
6. Use Imaging to Demonstrate Causation and Severity
Diagnostic images provide objective proof of injury. Attach clear copies of radiology films or digital reports to your chronology. If necessary, obtain an expert’s opinion to explain the images at trial or in settlement negotiations.
7. Maintain Chain of Custody
Document each transfer of the records and imaging. Record dates, recipients and delivery methods. This process preserves authenticity and admissibility in court.
8. Introduce Records in Settlement and Trial
In settlement negotiations, present a concise medical packet with summaries, records and imaging. In court, follow Nevada Evidence Code and rules for authenticating medical exhibits. Be prepared to call a medical witness to interpret the records.
Helpful Hints
- Request digital images on CD or secure file transfer to ensure clarity.
- Keep copies of all authorizations and correspondence in a separate file.
- Use a medical chronology template to track treatment dates and providers.
- Consult a qualified attorney early to identify additional evidence needs.
- Consider hiring a medical consultant to prepare a clear, jargon-free summary.