Detailed Answer
This section explains how to obtain and use medical records and diagnostic imaging in your auto accident injury case under New Mexico law. Medical records provide a clear timeline of your injuries and treatment. Diagnostic images, like X-rays or MRIs, show objective evidence of injury. You can use both to establish causation and damages.
1. Requesting Medical Records
Under HIPAA (45 C.F.R. § 164.524) and New Mexico confidentiality law (NMSA 1978, § 24-24-1), you have the right to access your medical records. Submit a written, signed request to each health care provider. Include your name, date of birth, dates of service, and a description of records you need. Providers must respond within 30 days and may charge reasonable fees for copying.
2. Obtaining Diagnostic Imaging
Diagnostic imaging forms part of your medical records. If you need high-resolution copies, specify films (X-ray, CT, MRI) in your request. Providers often charge per image or per CD. If a provider fails to comply, you can subpoena records under the New Mexico Rules of Civil Procedure: Rule 1-026(B)(1).
3. Establishing Authenticity and Admissibility
To use records in court, you must establish their authenticity. Use the business records exception (NM Rule of Evidence 11-803(6)). A custodian affidavit or deposition can satisfy this requirement. Ensure a clear chain of custody for digital images to avoid challenges.
4. Working with Experts
Medical experts can interpret records and imaging. They explain injury severity, causation, and future treatment needs. Expert testimony strengthens your case and clarifies complex medical concepts for judges and juries.
5. Next Steps
Review your records with an attorney experienced in New Mexico auto accident law. An attorney can issue subpoenas, prepare custodian affidavits, and guide expert discovery. Early action ensures timely compliance and complete documentation.
Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Helpful Hints
- Begin record requests as soon as possible to meet court deadlines.
- Keep copies of all requests and correspondence.
- Verify dates of service and ensure images are legible.
- Confirm fee schedules before requesting records.
- Work with a qualified attorney to issue subpoenas when necessary.