Detailed Answer
In North Dakota, you can obtain medical records and diagnostic imaging to prove the nature and severity of injuries from an auto accident. You need these records to document symptoms, treatments, and causation. Federal HIPAA rules and North Dakota law grant you the right to access your records. You can then use them in discovery under North Dakota Rule of Civil Procedure 34 and in expert reports.
1. Request Your Medical Records
Under federal law (45 C.F.R. § 164.524) and North Dakota Century Code Title 23, Chapter 01 (NDCC ch. 23-01), you have the right to inspect and receive a copy of your health records. Submit a written authorization to your provider specifying:
- Your full name and date of birth.
- Date range for records.
- Types of records (e.g., provider notes, test results).
- Delivery format (paper or electronic).
Providers must respond within 30 days. They may charge a reasonable fee for copying and delivery.
2. Obtain Diagnostic Imaging
Diagnostic imaging (X-rays, MRIs, CT scans) falls under protected health information. Request both the written radiology report and original images (CD or digital file). Ask for DICOM files if you plan to share images with an expert. Federal rules (45 C.F.R. § 164.524(d)) ensure you receive the complete imaging data.
3. Use Records in Litigation
During discovery, use North Dakota Rule of Civil Procedure 34 (N.D. R. Civ. P. 34) to request relevant medical records from the opposing party. Submit a request for production that specifically describes the records and imaging you need. Early access lets your medical expert review the records and prepare a detailed report on causation, treatment necessity, and future care costs.
Helpful Hints
- Track appointments, treatments, and medical expenses in a detailed journal.
- Review records promptly to correct errors or fill gaps.
- Request a written estimate of copying and delivery fees.
- Keep secure digital backups of all records.
- Consider a professional medical records retrieval service for complex cases.
Disclaimer: This article is for educational purposes only. It does not constitute legal advice. Consult a licensed attorney for guidance on your specific situation.