Disclaimer: This article is for informational purposes only. It does not constitute legal advice.
Detailed Answer
After an auto accident, medical records and diagnostic imaging are critical to prove injury, causation, and damages under Ohio law. You must first secure and authenticate these documents to present them effectively in court.
1. Your Right to Access Medical Records
Under federal HIPAA rules and Ohio Rev. Code § 3701.74 (ORC 3701.74), you have a legal right to obtain copies of your medical records and diagnostic images from any health-care provider. Key points:
- Submit a written request including a HIPAA-compliant authorization form.
- Specify the type of records (e.g., emergency notes, physical therapy records) and images (X-rays, MRIs, CT scans).
- Providers must respond within 30 days and may charge a reasonable fee (no more than $0.50 per page plus postage).
- If the provider denies access, you may file an appeal with the Ohio Department of Health or the U.S. Department of Health and Human Services Office for Civil Rights.
2. Requesting and Gathering Diagnostic Imaging
Ensure you receive both the written report and the actual image files or CDs. Follow these steps:
- Contact the medical records or radiology department directly.
- Use a standardized record request form with your signature and date of birth.
- Ask for complete image sets, not just film prints, to allow expert review.
- Track your request in writing and keep copy of all correspondence.
3. Authenticating Records for Court
To admit medical records and imaging into evidence, you must satisfy the business-records exception under Ohio Rev. Code § 2317.45 (ORC 2317.45). Steps include:
- Obtain a certification or affidavit from the custodian of records stating the documents were made in the regular course of business.
- If certified, the records are presumptively authentic and admissible.
- If uncertified, lay foundation through testimony by a custodian or qualified witness.
- Label each exhibit clearly and provide a copy to opposing counsel under Ohio Civ. R. 26.
4. Using Records to Prove Your Case
Well-organized medical evidence can strengthen your claim by:
- Demonstrating the link between the crash and your injuries.
- Showing treatment chronology, ongoing care, and prognosis.
- Supporting damage calculations for medical expenses and future care.
- Aiding expert witnesses in preparing medical opinions and testimony.
Helpful Hints
- Prepare a single, comprehensive HIPAA authorization covering all providers.
- Request digital copies to facilitate expert review and demonstrative presentations.
- Keep a detailed log of when you requested and received each record.
- Consider a subpoena if a provider delays or refuses to comply.
- Engage a medical expert early to interpret complex imaging results.