In a personal injury case, medical records play a crucial role in proving the case. First, medical records evidence your injury. Second, medical records show the treatment you have undergone as a result of the injury. These records help substantiate your claim and the severity of your injury. Further, these documents assist a jury in placing a value on your claim.
How does my personal injury attorney get my medical records?
Oftentimes, law firms have their clients sign authorizations allowing the firm to order medical records on a client’s behalf. Unfortunately, when law firms order records, there is often a delay by the medical provider. Additionally, hospitals and doctors charge attorneys high fees to retrieve and copy medical files. These costs can be hundreds or thousands of dollars, depending on the facility charges and the size of the medical record.
Ultimately, these high fees get passed on to you. Pursuant to most contingency fee contracts, medical record costs are reimbursed to your attorney out of any recovery you may receive. Most attorneys try to keep expenses as low as possible so that you receive the maximum net dollar amount of any recovery.
Can I get my records myself?
Most likely, it will save time and money if you, the plaintiff, obtain your medical records yourself. First, you may be able to get your records faster than your attorney can by going to your local hospital or doctor’s office to receive an electronic copy. Second, under federal law, patients are entitled to free electronic copies of their medical records, with a possible small charge for mailing. As such, your lawyer may ask you to order the records yourself.
How do I obtain my own records?
To request an electronic copy of your medical records, you can do the following:
- Determine the date range for your record request:
- When you were first diagnosed with your personal injury?
- When you were last treated for the injury?
- Determine where you were diagnosed and treated with your injury.
- Contact your medical provider’s records department in person, via the online patient portal, or by telephone to make the request or ask about their process.
- Complete an electronic medical record request form pursuant to the facility’s process.
Conclusion
In an effort to keep your expenses low, your attorney may ask that you contact the medical provider who
diagnosed and treated you for your personal injury and request an electronic copy of your medical records. Although your attorney is likely able to request your necessary medical records, it may be in your best interest to request them yourselves.
