How to Get Your Medical Records
You might need to have copies of your own medical record for a lot of reasons. If you are involved in a lawsuit of personal injury, medical records might be a major element in the case. And, for instance, once you’ll file a claim right after a vehicular accident, chances are you might need a proof stating that the accident caused your injuries and not the previous medical condition. Or else, your injuries’ extent might be in dispute. Furthermore, in medical malpractice claims, there is a big possibility that medical records can form the case’s crux. And, at times, patients just need to have their own medical records in order to provide to their new doctor or specialist. In this article, you will be able to learn more information about your own right in order to obtain medical records as well as how to get them.
What is Your Right to Get Medical Records?
The federal HIPAA or the Health Information Portability & Accountability Act gives people the right to have a copy of their own medical providers or doctors with a few exceptions which are further elaborated below.
Who May Get Medical Records?
According to experts, you can request for:
- Your Own Records
- Medical records of someone else if you’re a designated representative. You might also request the medical records of someone else once they give you their permission in writing stating that you act as their personal representative to access their medical records. For instance, if your senior citizen parents assign you as their own representative, their medical service providers must provide you the medical records of your parents once you make a request to have them.
- Medical records of other people if you’re their legal guardian. In relation to that, if you’re designated legal guardian of an adult, then you also have the right to the medical records of that person.
- Medical records of your children, with some exceptions. Most of the time, legal guardians and parents can actually obtain the medical records of their children. However, there are some exceptions to this certain rule. A legal guardian or parent might not be able to get the medical records of their child if:
- The parent or legal guardian agrees that the minor as well as the specialist or doctor have a confidential relationship.
- The child is able to get medical care at the court’s direction, or
- The child has primarily consented to medical care and because of that, parental consent isn’t required under state law.
- In certain circumstances, medical records of deceased individuals. If you’re the representative of an estate, either appointed by a court or designated by a will to settle the affairs of a deceased individual, HIPAA actually gives you the access to the medical records of the deceased person. Aside from that, if you’re related to a deceased individual and the information in the medical records of the person relates to your health, HIPAA also lets you access the medical record. Consider hiring a professional personal injury lawyer in Colorado Springs to know more.