Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer: Accessing and Using Medical Records and Diagnostic Imaging in Tennessee Auto Accident Cases
1. Tennessee Law on Medical Record Access
Under Tennessee Code Annotated § 63-2-101, patients have the right to inspect and obtain copies of their medical records upon written request. You must submit a written request to the health care provider’s records custodian. The provider has 30 days to comply and may charge a reasonable, cost-based fee for copying. For full statutory details, see § 63-2-101 (link).
2. Federal HIPAA Access Rights
Under the Health Insurance Portability and Accountability Act (HIPAA), covered entities must grant patients access to medical records and diagnostic imaging. 45 C.F.R. § 164.524 requires providers to respond within 30 days (with one 30-day extension if needed) and allows reasonable, cost-based copying fees. See U.S. Department of Health & Human Services guidance (HHS Guidance).
3. Requesting Diagnostic Imaging
Diagnostic studies—X-rays, MRIs, CT scans—often reside on CDs or digital files (DICOM format). When you send your written request, include the patient’s full name, date of birth, date(s) of service, facility name, and type of imaging. Specify whether you want hard-copy films, CD/DVD media, or electronic transfer to ensure you receive usable images for legal review.
4. Leveraging Records and Imaging in Your Case
Medical records chart symptoms, diagnoses, and treatment plans; imaging shows structural injuries. Together, they establish causation and support damage claims. For example, an MRI indicating a herniated disc can corroborate ongoing pain and justify future medical expenses. Organize files chronologically and highlight key entries (e.g., emergency room notes, follow-up visits, imaging reports).
5. Admissibility and Chain of Custody
Under Tennessee Rules of Evidence 803(6), medical records fall under the business-records hearsay exception. To admit diagnostic images, lay a foundation through a records custodian or treating physician who can testify about creation and maintenance of the images. Maintain a clear chain of custody: document who handled the films or digital files, dates of transfer, and storage methods. Use certified mail or a process server to track requests and deliveries.
Helpful Hints
- Submit all record requests in writing and keep copies of requests and responses.
- Include full patient identifiers, service dates, and specific departments (e.g., Radiology).
- Ask for both narrative reports and raw imaging files (DICOM) to allow expert review.
- Track and save all billing invoices; you may recover copying costs in litigation.
- Cite state and federal statutes in your correspondence to emphasize your legal rights.
- Preserve original documents; use certified copies for exchange in discovery.
- Consider early consultation with an attorney for assistance with motions to compel and foundation for evidence.