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The Right of Obtaining Medical Records for Various Reasons

Posted On : Nov-10-2011 | seen (382) times | Article Word Count : 535 |

There are many reasons why you need to secure your own medical records. You may need them for use in your personal injury lawsuit, for instance. If you sustained injuries during an auto accident,
There are many reasons why you need to secure your own medical records. You may need them for use in your personal injury lawsuit, for instance. If you sustained injuries during an auto accident, for example, the first thing you’ll be doing is to have it treated inside a medical facility, which will then keep a record of your injuries. Having these records may serve as proof of you having injured in that auto accident.

Another instance for obtaining important medical records is for use as proof in a medical malpractice claim. Since you are confined in a hospital and some medical error was done to you by an attending medical professional, the medical records will serve as the basis for your claim. For all intents and purposes, it is your right to obtain these medical records. It is enacted by the HIPAA or the Health Information Portability and Accountability Act.

The HIPAA is a federal act that gives patients the chance to have access of their medical records from a medical facility or provider. This act, though, has its limitations, particularly on the designated persons who will gather these documents. Not only will you be able to have access of them, but also persons who serve as your representative and your legal guardian. There are also certain exceptions when it comes to obtaining medical records of children, depending on the state.

The HIPAA, however, has no restrictions on what type of medical records you want to see. The medical provider can let you see and, if needed, give you a copy of your medical records. These would include information from the medical provider for use for personal injury lawsuits. The medical facility or provider, though, may deny your request with an accompanied denial letter. Yet you have the right to appeal for it if the documents matter so much for you.

The act also gives medical providers a time limit for patients to ask for the medical records. As such, a medical provider must give copies of medical records to a requesting patient within thirty days. There are some exceptions, though, and it may differ in some states. In California, for example, medical providers are given five days to let a requesting patient see his records, and fifteen days to let one have a copy of such.

When requesting for medical records, it is advisable for you to do it in writing or through a telephone conversation. Information such as name, address, contact number, and other particular personals must be provided or indicated. Most importantly, you should be specific. Would you want to see the records, obtain copies of it, or both? Also, specify what type of medical record you want, if it is a MRI finding, x-ray films, lab tests, and other important records.

Medical providers may be cooperative with their patients when it comes to obtaining medical documents. But if you get denied of your request for medical records to be used for a medical malpractice claim and your medical provider makes it difficult for you, you can always file a complaint or seek help with any of the personal injury attorneys in your area.

Article Source : http://www.articleseen.com/Article_The Right of Obtaining Medical Records for Various Reasons_102816.aspx

Author Resource :
Macky Anderson is web content writer by profession. He graduated from a reputable university with a degree in history. He writes articles regarding legal topics like spinal cord injury attorneys, bike accident attorneys and everything about the law.

Keywords : Los Angeles personal injury attorneys, Los Angeles motorcycle accident attorneys, Los Angeles wrongful death lawfirm, califor,

Category : Reference and Education : Legal

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