Detailed Answer
When you pursue compensation after an auto accident in Wisconsin, medical records and diagnostic imaging often prove critical. Below is a step-by-step overview of how to obtain, organize, and use these records in your injury claim.
1. Understand Your Right to Access Records
Under Wis. Stat. § 146.37, patients have the right to receive a copy of their health care records. To request these records:
- Contact each health care provider who treated you, including hospitals, clinics, and imaging centers.
- Submit a written request or complete the provider’s release form.
- Pay any reasonable copying fee set by Wis. Stat. § 146.37(3).
2. Request Diagnostic Imaging
Diagnostic studies such as X-rays, MRIs, and CT scans are part of your health care record. Ask for digital copies on CD or via secure file transfer to preserve image quality. Record the date you requested each image.
3. Authenticate Records for Litigation
Once you file a claim, use Wis. Stat. § 804.09 to serve a Request for Production of Documents. This formal demand can target insurance companies or providers involved in your case. To authenticate records:
- Obtain a declaration or deposition from a custodian of records, verifying the origin and accuracy of the documents.
- Assign Bates numbers and label each item clearly for easy reference.
4. Analyze and Present Records
Review your records with a qualified medical professional to link your injuries to the accident. Create a clear treatment timeline summary. Use visual aids—such as highlighted imaging studies—to support your case during settlement negotiations or at trial.
Disclaimer
This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney in Wisconsin to address your specific situation.
Helpful Hints
- Track all correspondence: Save emails and letters confirming your record requests.
- Ask for electronic copies: Digital images preserve clarity better than scans.
- Compare billing statements: Ensure all treatments link to accident-related care.
- Keep a treatment journal: Note dates, providers, and symptoms for clear documentation.
- Work with experts: Consider medical record reviewers and radiologists for testimony.