Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for advice on your specific situation.
Detailed Answer
After a New Hampshire auto accident, medical records and diagnostic images can prove your injuries, link them to the crash, and quantify damages. Follow these steps:
1. Identify Relevant Providers and Records
- List all treating providers (emergency, urgent care, specialists).
- Note dates of service, tests (X-rays, MRIs, CT scans), and treatment summaries.
2. Send a Written Request Under HIPAA
Under the federal Privacy Rule, you have a right to access your records. Cite 45 C.F.R. § 164.524 and include:
- Your full name, date of birth, and patient account number.
- Specific date ranges and types of records or images.
- Signature and a statement authorizing release.
Mail or email this request to the provider’s Health Information Management (HIM) department. Providers must respond within 30 days and may charge reasonable copying fees. If they refuse, file a complaint with the U.S. Department of Health and Human Services Office for Civil Rights.
3. Obtain Certified Copies and Media
- Request certified paper copies or digital DICOM files for imaging.
- Ask for a certificate of authenticity or sworn affidavit from the custodian of records.
4. Authenticate for Court
New Hampshire Superior Court Rule 34 allows document production. To admit records and images at trial:
- Include them in initial disclosures under Superior Court Rule 26.
- Use the custodian’s affidavit as foundational evidence.
- Authenticate digital files using chain-of-custody logs or CD labels.
5. Work with Experts to Interpret Findings
Engage a medical expert (e.g., radiologist) to review images. Their report can explain injury severity, causation, and long-term impact in plain language for a jury or mediator.
6. Organize and Highlight Key Evidence
- Chronologically arrange records to show progression from accident to treatment.
- Annotate diagrams or radiology snapshots to stress fracture lines, soft-tissue abnormalities, or surgical hardware.
- Create a summary exhibit of diagnostic findings tied to your expert’s opinions.
Helpful Hints
- Keep copies of all requests and correspondence.
- Pay attention to provider deadlines (often 30 days) to avoid delays.
- Check fees upfront; negotiate waivers if you’re on a tight budget.
- Use cover letters that clearly list requested items to minimize back-and-forth.
- Label and index imaging CDs with patient name and date for courtroom clarity.
- Review NH Superior Court Rules of Civil Procedure, Rule 34: https://www.courts.state.nh.us/rules/procedural%20rules/superior%20court/rcivp.htm#34.
- Reference the HIPAA access rule: https://www.ecfr.gov/current/title-45/subtitle-A/subchapter-C/part-164/subpart-E/section-164.524.
- Consider hiring a medical records retrieval service if you need help gathering files from multiple providers.