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How to obtain your medical records in a personal injury case

In a personal injury case, it may be required for you to obtain copies of your medical records for the legal case. At Ashmore and Ashmore Law Firm in Rockwall & Terrell Texas we are knowledgable in knowing if they are needed and if you need to obtain them.

Your Right To Medical Records

The federal Health Information Portability and Accountability Act (HIPAA) gives medical patients the right to obtain copies of their records from any provider with some exceptions. According to HIPAA, you are permitted to request your own medical records.

HIPAA allows you to obtain copies of all of your own medical records. Patients are also allowed to access their original medical records at the doctor’s office. HIPAA does allow health practitioners to withhold records in certain cases, such as: psychotherapy notes, information that will be used in a lawsuit, and/or information that could endanger your life and safety or the life and safety of someone else. If your request for medical records is denied, you must be provided with a denial letter. In some cases, you are permitted to appeal the denial.

Determine Which Records You Need

You are legally allowed to obtain copies of all medical documentation in your file but it may not be ideal to pay for a copy of every visit you’ve made. If you have an extensive medical record, it may be preferable to specify the exact part of your medical record that you need. You can specify that you want records within a certain time period or you could demand all of the records relating to a specific condition.

Give our office a call today to determine your best course of action and if medical records are needed in your situation. We offer FREE consultations and are ready to help you get the compensation you deserve.



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