MEDICAL RECORDS
What are medical records?
Medical records are the entirety of a patient’s documented medical care and history collected by the treating medical facility(ies). These include doctors' and nurses' notes, test results, billing information, lab reports, and more.
In birth injury and maternal and fetal death cases, medical records should also include fetal tracing or what's sometimes called a fetal monitoring strip.
What are my rights when it comes to medical records?
As a patient, your right to view and access your health information is protected by the Health Insurance Portability and Accountability Act of 1996 (HIPAA). Patients have the right to obtain all medical and billing records from their health care providers and health plans with very limited exceptions.
Parents and legal guardians of children under age 18 have the same rights to view and access health information of the minor child.
How do I get my or my child's medical records?
You will need to contact each hospital, doctor’s office, and/or clinic where you were treated, or where your minor child was treated if you are requesting your child's records. (Note: If your child is age 18 or older, the child must request their information personally, unless they are mentally or physically unable to sign.).
You will need to request these records usually online or by telephone, depending on the provider. The records will be sent via mail or through an electronic portal. The facility must try to provide you with records in your requested format, and if they are unable to do so, they must work with you to find a suitable solution. In most cases, you have the right to obtain medical records within 30 calendar days.
Can others access my medical records?
HIPAA also enables patients to grant caregivers, family members, or mobile apps access to their health information. To do this, the patient must fill out a form that consents to that specific person or application receiving access to your medical records.
Patients should consider providing consent to at least one other family member or close friend so that in case of an emergency, the designated person can receive and view the medical records.
How much will it cost to get medical records?
There should not be a fee associated with obtaining or viewing medical records. However, there may be a small fee if physical copies are made or the information is mailed out. In this instance, information regarding the fee must be provided by the provider's office up front at the time of the request.
Fees must be fair and limited to the price of postage or supplies necessary to deliver the records in the format requested.
Why do I need medical records?
One reason you might need to obtain your medical records is if you have concerns about the care you were provided and suspect medical malpractice occurred.
In that case, Conner Injury Law typically requests you provide us with your medical records so that our experienced legal and medical team can review them and assess whether you might have a claim.
