Disclaimer: This article provides general information on Wyoming law and does not constitute legal advice. Consult a qualified attorney for advice about your specific situation.
Detailed Answer
If you suffer injuries in an auto accident, your medical records—including diagnostic imaging—prove vital to show the nature, extent and cause of your harm. Under Wyoming law, you can obtain those records, authenticate them, and use them in negotiations or at trial.
1. Know Your Rights Under Wyoming Law
Wyoming Statute § 35-2-413 grants patients the right to access and copy their health care records after submitting a valid written request and authorization. You may recover reasonable copying fees. (See Wyo. Stat. § 35-2-413.)
2. Prepare a HIPAA-Compliant Authorization
- Use a standardized HIPAA form or your provider’s form. Include full patient name, date of birth, date(s) of treatment, provider name, and specific records (e.g., MRIs, CT scans, x-rays, operative notes).
- Sign and date the form. An attorney may handle this step to ensure proper scope and timing.
3. Request Records and Imaging
- Submit the authorization to each medical provider, hospital, imaging center or clinic that treated you.
- Specify whether you need digital DICOM files, CDs or paper copies. Digital files allow your expert to review images in full resolution.
- Pay any reasonable fees. Providers must respond within 30 days under federal HIPAA rules (45 C.F.R. § 164.524).
4. Authenticate and Organize Records
- Ask for a certificate of authenticity or an affidavit from the records custodian to avoid hearsay objections.
- Organize records chronologically. Label each item clearly (e.g., “MRI Lumbar Spine – 05/10/2023”).
5. Use Records in Your Case
- Provide initial disclosures under the Wyoming Rules of Civil Procedure, Rule 26, which require you to identify documents you may use to support your claims.
- Use imaging exhibits to illustrate injury mechanisms and surgical findings at mediation or trial.
- Deploy medical experts (doctors, radiologists, biomechanical engineers) to interpret records, explain causation, and testify on future treatment needs.
6. Protect Sensitive Information
- Limit discovery responses to records relevant to your injuries. Object to overly broad subpoenas.
- Use confidentiality agreements or Protective Orders to shield unrelated private data.
Helpful Hints
- Start record requests early—providers often take weeks to process large imaging files.
- Keep careful logs of every request, follow-up call, and delivery to track chain of custody.
- Consider electronic upload platforms for faster attorney access to large image sets.
- Confirm that your expert has DICOM-viewer software before ordering digital images.
- Review records with your attorney to identify gaps—missing notes or scans can undermine your proof.