The fight to get medical records

To investigate a medical malpractice case, we need to see the patient’s medical records.  One of the more frustrating parts of my professional life is dealing with doctors’ offices, hospitals, HealthPort, IOD, and others in an attempt to help our clients get their own medical records.  

Know you rights- You have the right to see or to access your medical records. HIPAA Privacy Rule.

Some of the stumbling blocks include:

  • long and complicated forms;
  • outrageous charges; and
  • time delays caused by underpaid and understaffed offices.

 

Another road block occurs because some people seem to intentionally misinterpret the law.  That’s why it’s nice that the Department of Health and Human Services has recently issued guidance to clarify what the law says.

 

The guidelines, titled “Individuals’ Right Under HIPAA to Access their Health Information 45 CFR Section 164.524,” include some helpful clarifications:

  • patients do not have to say why they want their records and
  • doctors and hospitals should ordinarily provide records within 30 days of a request.  (In Virginia, requests must be fulfilled within 15 days.)

 

Perhaps my favorite statement from the HHS guidelines is its first:

“Providing individuals with easy access to their health information empowers them to be more in control of decisions regarding their health and well-being.”

 

Well said.  So true.

Lauren Davis

Lauren E. Davis litigates complex medical malpractice and personal injury cases. She has handled cases from inception to trial in federal and state courts throughout Virginia. To speak with Lauren about your case, contact her at (540)985-0098.