{"id":353177,"date":"2016-04-04T10:46:39","date_gmt":"2016-04-04T15:46:39","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/injury\/medical-malpractice\/medical-records-release-form.html"},"modified":"2025-12-03T11:21:06","modified_gmt":"2025-12-03T16:21:06","slug":"medical-records-release-form","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/injury\/medical-malpractice\/medical-records-release-form.html","title":{"rendered":"How To Release Medical Records for a Legal Case"},"content":{"rendered":"\n
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How To Release Medical Records for a Legal Case<\/h1>\n\n
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\n By Hanan Zaki, J.D., LL.M.<\/a> | Legally reviewed by Katrina Wilson, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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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.<\/p>\n\n <\/div>\n\n\n\n

Your medical history will show the treatment date, the provider who treated you, and how your medical profile changed. These factors will also determine\u00a0who (if anyone) is liable\u00a0for 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.<\/p>\n

Contact a\u00a0medical malpractice attorney<\/a> if you have specific questions about a malpractice claim. A lawyer can review your medical information to give accurate legal advice for your circumstances.<\/p>\n

How Do I Get My Medical Records to My Lawyer?<\/h2>\n

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.<\/p>\n

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.<\/p>\n

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.\u00a0<\/p>\n

HIPAA and Privacy of Medical Records<\/h2>\n

In 1996, Congress passed the\u00a0Health Insurance Portability and Accountability Act of 1996<\/a> (HIPAA). The goal was to improve public health insurance and access to medical care.<\/p>\n

HIPAA gives the\u00a0Department of Health and Human Services<\/a>\u00a0(HHS) the power to set privacy standards for electronic health records, claims, benefits, and medical bills.<\/p>\n

Right to Access Your Records<\/h3>\n

HHS established a\u00a0HIPAA Privacy Rule<\/a>\u00a0to protect\u00a0public health and patient medical records. Under the HIPAA Privacy Rule,\u00a0patients\u00a0and their personal representatives can\u00a0access patients’ medical records.<\/p>\n

Right to access means you have the right to have a copy of all your medical records, including copies of\u00a0x-rays<\/a>\u00a0and scans.\u00a0<\/p>\n

What is a\u00a0personal representative? It depends on who you choose. Sometimes, a personal representative is the same person given\u00a0power of attorney<\/a>. A personal representative can also be a parent, legal guardian,\u00a0executor<\/a>, or\u00a0administrator of an estate<\/a>.<\/p>\n

The Privacy Rule also allows access to medical records by\u00a0court order or subpoena<\/a>.<\/p>\n

Covered Entities Must Protect Your Records<\/h3>\n

Under the HIPAA Privacy Rule,\u00a0covered entities<\/a> must keep patient information, medical treatments, and test results confidential. This law also requires covered entities to protect personally identifiable data.\u00a0<\/p>\n

Covered entities include:<\/p>\n