Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
1. Know Your Right to Access Records
Federal HIPAA rules (45 C.F.R. Parts 160–164) require health providers to release records once you sign an authorization. Under Utah law, you can also request records under the Government Records Access and Management Act (Utah Code §63G-2) and the Utah Medical Records Access Act (Utah Code §26-2).
2. How to Request Records
- Identify providers: list all physicians, hospitals, and imaging centers involved in your care.
- Complete an authorization: use a HIPAA-compliant form. Include patient name, date of birth, specific records requested, and your signature.
- Submit your request: send the form by mail or email to each provider’s medical records department. Use certified mail for proof of delivery.
- Follow up: note the request date. Utah law generally requires a response within 10 business days.
- Pay fees: providers may charge reasonable copying fees under Utah Code §26-2-4.
3. Obtaining Diagnostic Imaging
When you request radiology reports, explicitly mention “diagnostic imaging” or “radiology images.” Ask for full CDs/DVDs or digital files in standard formats (DICOM or JPEG). Imaging centers often supply free viewers or secure download links.
4. Using Records in Your Auto Accident Case
- Review records: identify key diagnoses (e.g., fractures, soft-tissue injuries) and treatments.
- Create a chronology: map treatment dates to the accident date, showing medical causation.
- Highlight imaging: attach key scans to illustrate injury severity.
- Engage experts: have medical or radiology experts interpret imaging to support causation and damages.
- Use as exhibits: include records and images in written discovery, depositions, motions, and trial presentations.
Helpful Hints
- Keep organized copies of all authorizations and correspondence.
- Request a narrative report: though sometimes an extra fee, it saves time in case review.
- Track deadlines: Utah’s personal injury statute of limitations is four years (Utah Code §78B-2-307).
- Store digital files securely: use encrypted drives or secure cloud services for large imaging files.
- Consult an attorney early: they can ensure you obtain all relevant records and use them effectively.