Disclaimer
This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney for guidance on your specific situation.
Detailed Answer
1. Identifying and Requesting Your Records
After an auto accident, gather all medical documentation to prove the extent of your injuries. Medical records include physician notes, hospital discharge summaries, therapy notes and diagnostic imaging (X-rays, MRIs, CT scans). In Washington, the Uniform Health Care Information Act (RCW 70.02) gives patients the right to access their health care information.
Under RCW 70.02.050, you may request your records directly from any health care provider. Submit a signed authorization or use the provider’s release form. Include:
- Your full name, date of birth and contact information
- The date(s) of treatment or type of imaging
- The provider or facility’s name and address
- A clear statement authorizing release to you or your attorney
Washington law requires providers to furnish records within 60 days of your request (RCW 70.02.050). If you need faster service for litigation deadlines, note the urgency when requesting.
2. Understanding Fees and Formats
Providers may charge reasonable fees for copying and postage. See RCW 70.02.060 for fee limits. You can request electronic copies (on CD or secure portal) or paper copies. Ask for high-resolution digital images to preserve diagnostic detail.
3. Requesting Diagnostic Imaging
Diagnostic centers often store images separately. Contact the imaging facility that performed your X-rays, MRI or CT scans. Use a HIPAA-compliant release form. Specify whether you want DICOM files (digital format) or printed films. DICOM files allow expert witnesses to enlarge, annotate and analyze findings accurately.
4. Organizing Records for Your Case
Once you receive records and images, organize them chronologically. Create an index of document types (e.g., ER visit notes, radiology report, physical therapy progress). Number each page and label images clearly. This organization streamlines review by your attorney and medical experts.
5. Using Records in Legal Proceedings
Your attorney will use medical records to:
- Establish causation between the accident and injuries
- Quantify medical treatment expenses for damages
- Support testimony from medical experts or treating physicians
- Prepare demand letters and responses to insurance discovery
During discovery, your attorney may serve a subpoena or request production directly from providers. They will use authenticated copies of records and certified imaging to introduce evidence at deposition, mediation or trial. Proper chain of custody and certification forms prevent challenges to admissibility.
Helpful Hints
- Keep originals safe; work with certified copies when possible.
- Request a complete medical record, not just summaries.
- Follow up in writing if you do not receive records within 60 days.
- Review records promptly for accuracy and completeness.
- Store digital images on secure, backed-up storage.
- Discuss any gaps or missing records with your attorney immediately.