Detailed Answer
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney for guidance on your specific situation.
1. Understand Your Right to Access Medical Records and Imaging
If you’re injured in an auto accident, you have a legal right to obtain your medical records and diagnostic images. Under federal HIPAA rules, providers must grant you access. See 45 C.F.R. § 164.524. In Pennsylvania, most health care facilities must comply within 30 days of a written request.
2. Prepare and Sign a HIPAA Authorization
Most providers require a signed HIPAA authorization form before releasing records. This form must:
- Identify the patient and provider.
- Specify the records or date range.
- Name the person or organization authorized to receive the records (for example, your attorney).
- Include an expiration date or event.
- Contain your signature and the date.
3. Submit Your Written Request
Send the completed authorization to the medical provider’s records department by certified mail or their online portal (if available). Include:
- A cover letter stating you seek records related to your auto accident injuries.
- The signed HIPAA authorization.
- A self-addressed stamped envelope, if the provider mails paper copies.
4. Obtain Diagnostic Imaging Files
Diagnostic images (X-rays, MRIs, CT scans) often come on CDs or digital files. When you request imaging, ask for the DICOM format (the industry standard). This ensures you can share images easily with medical experts.
5. Review and Organize Your Records
Once you receive records and imaging files:
- Check dates to confirm they match your accident timeline.
- Highlight key findings (fractures, soft-tissue injuries).
- Compile a summary table of treatments, dates and providers.
- Convert digital files to viewable formats (PDF for reports, DICOM viewer for images).
6. Use Records to Support Your Injury Claim
Well-organized records and images strengthen your case by:
- Proving the extent and nature of your injuries.
- Establishing a link between the accident and medical treatment.
- Helping expert witnesses explain your injuries in court or settlement negotiations.
In Pennsylvania civil court, medical records often qualify as business records and meet the hearsay exception. See Pa. R.E. 803(6). You or your attorney can submit them alongside expert reports in your demand package or at trial.
7. Consider Subpoenas and Depositions
If a provider delays or denies your request, your attorney can issue a subpoena duces tecum under Pennsylvania Rules of Civil Procedure. Depositions of treating physicians can further clarify your injuries and link them to the auto accident.
Helpful Hints
- Keep digital backups of all records and imaging files.
- Track deadlines: providers often have 30–40 days to comply.
- Request invoices separately if you need cost information for a damages claim.
- Use a DICOM viewer (many free options exist) to review images yourself.
- Engage a medical expert early to interpret complex findings.
- Bundle records in date order with a cover sheet summarizing each document.