Detailed Answer
If you’ve been injured in an auto accident in New York, obtaining and properly using your medical records and diagnostic imaging can strengthen your injury claim. Below are the key steps, legal requirements, and best practices.
1. Understand Your Right to Access Medical Records
Under New York Public Health Law §18, you have the right to inspect and obtain a copy of your medical records from any health care provider or facility. The provider must fulfill your written request within 30 days and may charge a reasonable fee not to exceed $0.75 per page for the first 25 pages and $0.50 thereafter. (See https://www.nysenate.gov/legislation/laws/PBH/18)
2. Request Diagnostic Imaging
Diagnostic studies—such as X-rays, CT scans, and MRIs—are part of your medical record. When requesting images, specify the type of study, date of service, and format (film or digital). Providers generally charge copying fees and may require payment in advance.
3. Provide Proper Authorization
Under the federal HIPAA Privacy Rule (45 C.F.R. §164.508), you must sign a valid authorization before a provider can release records to a third party, such as your attorney or an opposing party. The authorization should include your name, date of birth, details of the records requested, purpose of use, expiration date, and your signature. (See https://www.ecfr.gov/current/title-45/section-164.508)
4. Use Records in Litigation
During discovery in a New York personal injury case, you can obtain records held by the opposing party or third parties using a notice to produce under CPLR §3121. (See https://www.nysenate.gov/legislation/laws/CVP/3121) To admit records at trial, authenticate them under CPLR §4518’s business records exception. This typically requires an affidavit from the records custodian. (See https://www.nysenate.gov/legislation/laws/CVP/4518)
5. Preserve Chain of Custody
Maintain an unbroken record of who accessed the files. When handling digital images, use secure media or encrypted files. Obtaining certified copies or a custodian’s sworn affidavit can prevent disputes over authenticity.
6. Work with a Legal Professional
An attorney can help craft requests, handle subpoenas, and ensure compliance with procedural rules. They can also coordinate with medical experts to interpret imaging and support your claim.
Disclaimer: This article is for educational purposes and does not constitute legal advice.
Helpful Hints
- Keep copies of all written requests and authorizations.
- Track deadlines: New York providers have 30 days to respond.
- Request both reports and original images.
- Use certified mail or electronic delivery when feasible.
- Label files clearly with date and patient name.
- Consult an attorney before sharing records with insurers or other parties.