Detailed Answer
This guide explains how to collect, organize, and submit medical treatment records for a car accident injury claim in Ohio. It is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney before making legal decisions.
1. Obtain and Organize Your Records
- Contact each provider: Request complete medical charts, imaging reports, billing statements and payment records from the emergency department, primary care, specialists, physical therapists and others.
- Use a HIPAA authorization form: Provide a signed release to each provider so they can share records directly with your attorney or insurer.
- Chronological file: Label documents by date and provider name. Include a brief description of each visit, treatment type and outcome.
2. Understand Ohio’s Evidence Rules
Under Ohio law, medical records are admissible as a business record if properly certified. Key statutes and rules include:
- ORC 2317.021 – Admissibility of records kept in the regular course of business (hearsay exception).
- Ohio Civil Rule 34 – Allows parties to request production of documents, including medical records, during litigation.
3. Prepare Records for Submission to an Insurer
- Cover letter: Summarize your claim number, date of loss and attach a signed medical release if required by your insurer.
- Index and Bates numbering: Apply a unique identifier to each page for easy reference.
- Proof of payment or balance due: Highlight unpaid bills to verify damages.
- Medical chronology: Provide a one-page timeline showing dates of treatment, providers and injuries addressed.
4. Submitting Records in Court
- Exhibit list: Identify each record set as an exhibit with corresponding Bates ranges.
- Certification affidavit: A custodian or records manager must sign a sworn statement verifying authenticity under ORC 2317.021.
- Serve the opposing party: Follow Ohio Civil Rule 5 for service deadlines and methods.
- File with the clerk: Submit your exhibits and affidavit by the court’s filing deadline.
5. Responding to Discovery Requests
- Interrogatories: Answer written questions about your treatment in detail.
- Requests for admission: Admit or deny factual statements about your care.
- Deposition: Be prepared to discuss treatment history, providers and records you’ve produced.
Helpful Hints
- Keep originals safe: Send only copies and retain the originals in a secure folder.
- Digital backups: Scan and save records to a cloud drive or encrypted USB.
- Consistent labels: Use the same naming convention across all documents to avoid confusion.
- Professional binder: Present paper records neatly, using tab dividers for each provider.
- Track fees and deadlines: Note any costs for record retrieval and calendar all submission dates.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for advice on your specific situation.