Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
1. Authorizing Release of Records
Medical records and diagnostic imaging are protected by privacy laws. Under federal HIPAA rules (45 C.F.R. § 164.524) and Oregon discovery rules (ORCP 36A(1)(b)), you must obtain patient authorization or a court order to access these records. The simplest method is to complete a HIPAA-compliant release form provided by your healthcare provider.
2. Requesting Medical Records
Contact the medical records custodian at each healthcare facility where you received treatment—emergency departments, urgent care centers or specialists. Submit your signed authorization by mail, email or the facility’s online portal. Federal rules require providers to respond within 30 days of receiving a valid request.
3. Securing Diagnostic Imaging
Request electronic copies of X-rays, CT scans or MRIs in DICOM or CD/DVD format. Ensure you ask for all associated radiologist reports. If the provider no longer has the files, they must refer you to the imaging center or archive.
4. Using Records in Your Case
Under Oregon Rules of Civil Procedure, you must produce records to the opposing party during discovery. Label each exhibit clearly (e.g., Exhibit A: Emergency Room Notes; Exhibit B: MRI of Lumbar Spine). Provide certified copies or allow inspection of originals upon request.
5. Working with Medical Experts
Hire a qualified medical expert to review your records and prepare an expert report. Your expert can explain how the accident caused injuries, prognosis and necessary future care. Expert testimony strengthens causation and damages arguments.
Helpful Hints
- Keep detailed logs of all requests and follow-ups with providers.
- Maintain an unbroken chain of custody for images and records.
- Confirm that records include dates, provider signatures and diagnostic codes.
- Organize records chronologically to demonstrate injury progression.
- Consult your attorney before filing a motion to compel if a provider fails to comply.