How To Release Medical Records for a Legal Case
Your medical records are vital to creating a solid personal injury case, such as a medical malpractice lawsuit. To begin a case, your attorney will need a copy of your medical records. They can help show evidence of your injuries and point toward causation.
Your medical history will show the treatment date, the provider who treated you, and how your medical profile changed. These factors will also determine who (if anyone) is liable for your injuries. Your attorney will help you compile the necessary information to build a strong case. Preparing your documentation before you step foot in your attorney’s office is always a good idea.
Contact a medical malpractice attorney if you have specific questions about a malpractice claim. A lawyer can review your medical information to give accurate legal advice for your circumstances.
How Do I Get My Medical Records to My Lawyer?
First, you will need to sign a medical records release form. Under federal law, only you (and your personal representative) can access your medical records.
Your attorney can only view your medical records with your authorization. A medical records release form is a document that authorizes a medical facility to disclose your medical records to a lawyer.
Providing access to your lawyer is helpful, as it allows your attorney to review all the relevant information related to your case. If you need ongoing care for your injury, you also won’t have to keep sending your lawyer additional documents after every appointment.
HIPAA and Privacy of Medical Records
In 1996, Congress passed the Health Insurance Portability and Accountability Act of 1996 (HIPAA). The goal was to improve public health insurance and access to medical care.
HIPAA gives the Department of Health and Human Services (HHS) the power to set privacy standards for electronic health records, claims, benefits, and medical bills.
Right to Access Your Records
HHS established a HIPAA Privacy Rule to protect public health and patient medical records. Under the HIPAA Privacy Rule, patients and their personal representatives can access patients’ medical records.
Right to access means you have the right to have a copy of all your medical records, including copies of x-rays and scans.
What is a personal representative? It depends on who you choose. Sometimes, a personal representative is the same person given power of attorney. A personal representative can also be a parent, legal guardian, executor, or administrator of an estate.
The Privacy Rule also allows access to medical records by court order or subpoena.
Covered Entities Must Protect Your Records
Under the HIPAA Privacy Rule, covered entities must keep patient information, medical treatments, and test results confidential. This law also requires covered entities to protect personally identifiable data.
Covered entities include:
- Health care providers
- Doctors
- Health insurance companies
- Nursing homes
- Pharmacies
A signed release form allows a health care professional or any covered entity to view your medical records.
Types of Medical Records
Even if your injury is physical, your attorney also may ask for mental health records.
Mental health records can be important in a medical malpractice case because you may have an extra claim for pain and suffering. Or perhaps a previously prescribed medication for a mental illness interacts with another drug and causes an injury.
In a lawsuit, you only have one shot to make a case. It is better to provide all your medical information and have experts examine all possibilities. Other records that could be relevant to your case include prescription drug information, insurance information, or medical invoices.
Sample Medical Release Form
To access your medical records, your attorney will need your signature on a release form (like the one below).
Your medical provider’s form may look different. You can usually find specific instructions for releasing your records on the provider’s website or your patient portal.
Your signature authorizes medical providers to provide your lawyer with a copy of your records. See FindLaw’s Medical Malpractice section for more articles and resources.
HIPAA Privacy Authorization FormPatient’s Name _____________________________________________ Date of Birth ____/____/____ Social Security Number ______-___-_______ Address _____________________________________________________ _____________________________________________________ _____________________________________________________ _____________________________________________________ Telephone Number (____) ____-_______ Authorization: At my request, I authorize the following healthcare provider to use and disclose the protected health information described below. Name of Provider __________________________________________ Provider’s Address _____________________________________________________ _____________________________________________________ _____________________________________________________ _____________________________________________________ TO: [ATTORNEY’S NAME AND ADDRESS HERE] Authorization Period: This authorization for the release of protected health information covers the following period, from: ____________________ to ____________________. Extent of Authorization: Please release all my complete health record information, except the following: ______________________________________________________________________________ Expiration Date of Authorization: This authorization shall be effective until _________________ (date), after which, this authorization expires. I understand that I am permitted to revoke this authorization in writing at any time. I HEREBY AUTHORIZE THE RELEASE OF MY MEDICAL RECORDS AS PROVIDED ABOVE. Patient’s Signature: ___________________________________________ Date: _______________________ |
Contact an Experienced Medical Malpractice Attorney
A qualified medical malpractice lawyer will help you collect all the necessary documentation to build a successful case.
Finding the right attorney can mean the difference between getting compensation and walking away empty-handed. An excellent first step is to get a claim evaluation from a medical malpractice attorney.
Can I Solve This on My Own or Do I Need an Attorney?
- A lawyer can help seek fair compensation on your behalf
- Medical malpractice claims are complex and insurance carriers have lawyers on their side
Get tailored legal advice and ask a lawyer questions about your medical malpractice case. Many attorneys offer free consultations.
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