Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed Texas attorney for guidance specific to your situation.
Detailed Answer
1. Understanding Your Right to Access Medical Records
Under the federal Health Insurance Portability and Accountability Act (HIPAA), you have a right to access your health records and diagnostic imaging. See 45 C.F.R. § 164.524. Texas law also protects your access rights. Texas Health & Safety Code § 241.041 requires hospitals to furnish requested records within 20 business days of a valid request.
2. Submitting a Valid Records Request
Contact the provider’s Health Information Management or Medical Records Department. Complete their records release form, specifying the date range and types of documents you need (e.g., X-rays, MRIs). Include your personal information—name, date of birth, address—and sign the authorization. Texas caps copying fees; expect to pay a reasonable charge for staff time and media.
3. Using a Subpoena When Necessary
If a non-cooperative party or provider refuses to release records, you can file a subpoena duces tecum under Tex. R. Civ. P. 205.1. Serve the subpoena on the records custodian and attach a court-approved request for production. Courts commonly enforce subpoenas for timely delivery of documents.
4. Obtaining and Interpreting Diagnostic Imaging
Request DICOM files or high-resolution CD/DVDs of CT scans, MRIs and X-rays. Share these files with a qualified medical expert (radiologist or orthopedic specialist) for professional interpretation. An expert report linking specific findings—such as herniated discs or soft tissue injuries—to the accident’s impact strengthens your claim.
5. Organizing Records to Support Your Case
Create a clear, chronological file. Include emergency care notes, hospital and clinic records, imaging reports, bills and treatment plans. Highlight entries documenting injury onset, diagnosis and ongoing care related to the crash. Well-organized records help demonstrate causation, medical necessity and damages.
Helpful Hints
- Submit requests early: Allow 30–45 days for processing and delivery.
- Verify completeness: Ensure all pages, images and technician notes are included.
- Keep secure copies: Store originals and duplicates in a protected folder.
- Engage medical experts: Experts can explain complex imaging findings to jurors or adjusters.
- Track and dispute fees: Under Texas law, you may challenge excessive copying charges.
- Use certified delivery: Send your request via certified mail or secure electronic portal to create a paper trail.