How to Get Your Own Medical Records
In almost every medical malpractice, personal injury, or wrongful death case, the attorney will need copies of your medical records to evaluate and/or pursue your claim. This article explains why and how to request a copy of your records, which will streamline your case and save you money in the long run.
This article is intended to inform and empower, but should not be considered legal advice. Please see our full Site Disclaimer and Privacy Policy.
Why would an attorney need to see my medical records?
Medical records are valuable for evaluating potential claims. Especially in the case of medical negligence, a good attorney will be able to review the records and recognize potential wrongdoing.
Medical records can show that your injuries came from the accident upon which your claim is based. Without them, the at-fault party could claim that you got your injuries beforehand, and argue they shouldn’t have to pay for the associated treatment.
Medical records and bills are strong evidence of your damages. They can prove the extent and permanency of your injuries along with healthcare costs, which will strengthen any potential claim.
Why should I request my own records rather than ask the attorney to do so?
Having your medical records available before you contact an attorney can make you a much more appealing client. It will give the attorney all the information they need to evaluate your potential claim rather than going off your word. It also gives the impression that you are responsible, easy to work with, and knowledgeable.
There are much stronger federal protections for you accessing your own records rather than someone requesting them on your behalf with your authorization.
If you request an electronic copy of your records (recommended), there is a statutory flat fee of $6.50. When attorneys request records with patient authorization, it can cost thousands of dollars, all of which is charged to the client out of any settlement or court winnings.
Federal law requires healthcare facilities to provide records to individuals immediately or as soon as possible, and not more than thirty days from the date they receive the request. If attorneys request records, they may receive them many months after the request with no repercussions for the facility.
The form for individual access is much simpler to fill out than a healthcare authorization form.
How do I request my own medical records?
The easiest way to request your medical records is to fill out a HIPAA Individual Right of Access Form, and email it to the healthcare facility records department. This form is not an official template from the federal government. However, it was drafted in compliance with the federal statutory requirements and should be sufficient for use at any healthcare facility in the United States.
When filling out the form, it is recommended to request records from one year prior to the date of the accident up to present day. You should request every single type of record, including all your bills.
The healthcare facility may contact you to verify your identity before sending the records. They are entitled (and even obligated) to do this, but they cannot subject you to unreasonable barriers to accessing your information. Some examples of unreasonable barriers are:
Requiring an individual to complete an extensive third-party authorization form in lieu of a proper individual right of access request;
Requiring a notarization;
Only accepting paper submissions;
Only accepting in-person requests;
Only accepting requests through the provider’s online portal.
What do I do if the healthcare facility hasn’t sent my records after 30 days, or creates an unreasonable barrier to access?
The U.S. Department of Health and Human Services Office for Civil Rights has undertaken thousands of enforcement actions against facilities who violate the HIPAA Privacy Rule. They will absolutely fine an institution if they are found to have violated your rights. You should gather evidence (e.g. Email correspondence, the dated form, and any communication from the facility) and lodge an official complaint against the facility.
