Disclaimer: This article is for informational purposes and does not constitute legal advice. Consult a licensed attorney for guidance specific to your situation.
Detailed Answer
1. Why Medical Records and Imaging Matter
In an auto accident injury case, medical records and diagnostic imaging serve as the primary evidence of your injuries, treatment, and prognosis. They document the cause, severity, and ongoing impact of your injuries. Insurers, adjusters, and courts rely on these records to evaluate liability and damages.
2. Obtaining Your Medical Records and Diagnostic Imaging
Under federal HIPAA rules, you have a right to access your health information. See 45 C.F.R. § 164.524. Follow these steps:
- Identify the custodian: Typically the hospital, clinic, or imaging center’s Health Information Management (HIM) department.
- Submit a written request: Include your name, date of birth, dates of service, and specific records you want.
- Specify the format: Paper copies or electronic files (CD, USB, secure portal).
- Pay allowable fees: Oklahoma law permits reasonable fees for copies. See 63 O.S. § 1-1906.
- Wait for delivery: Providers must respond within 30 days under HIPAA; state law may allow a 60-day extension.
3. Using Subpoenas to Fill Gaps
If providers delay or deny your request, use the discovery process in your lawsuit. Under Oklahoma law, you can subpoena records directly. See 12 O.S. § 3414. Follow court rules for issuing and serving subpoenas.
4. Ensuring Admissibility in Court
Oklahoma law treats medical records as business records and a hearsay exception. To admit records, you must authenticate them:
- Obtain a custodian affidavit or testimony confirming the regular business practice.
- Cite the hearsay exception for medical records under 12 O.S. § 3236.
- Maintain a clear chain of custody for diagnostic images (CD, digital files, film).
5. Collaborating with Medical Experts
Engage a treating physician or independent expert to interpret your imaging. Experts can:
- Explain MRI, CT, and X-ray findings in lay terms.
- Link accident forces to specific injuries.
- Provide prognosis and future care estimates.
6. Presenting Records to Insurers and Courts
Organize records chronologically. Highlight key entries, such as initial emergency care, surgical reports, and rehabilitation notes. Use summaries or excerpts to streamline document review. Always keep original imaging in its native format to preserve metadata.
Helpful Hints
- Submit records requests as soon as possible after your accident.
- Track all correspondence and request receipts.
- Review records for omissions or errors immediately.
- Consider a patient advocate or medical record retrieval service.
- Consult an attorney before issuing subpoenas or filing evidence motions.