Accessing Medical Records for a Personal Injury Claim
Which Laws Govern the Accessing of Medical Records for a Personal Injury Claim?
Your medical records are private information concerning your health, medical history and background. You generally have the right to view your own medical records for use in a personal injury claim. Both state and federal laws grant you the right to access, view and use your own medical records. Some of these laws include:
- The Federal Privacy Act of 1974: This law covers the handling of medical care information by federal agencies, as well as access to records they may have in their possession
- Health Insurance Portability and Accountability Act (HIPAA): HIPAA is an important federal act regarding the privacy of medical patients. It addresses newer innovations in the health care industry, namely access to electronic records. Special HIPAA provisions will eventually give consumers the right to know who has accessed their electronic medical records, similar to the laws regarding credit reports.
- U.S. Department of Health rules and regulations: The Department of Health also requires doctors, clinics, health care providers, hospitals, and other entities to grant you access to your records within a given time frame (usually 30 days)
- State laws: Each state has its own set of laws that govern access to private medical records. These may be radically different from one state to another, as each state’s legislature has the power to create laws according to the needs of the state. For example, privacy of medical information in California may be different from that of other states
- Employer/Workplace records: Your employer may have certain medical records of yours on file. This is especially common if your employer provides you with a health coverage package. Employer policies may differ when it comes to accessing your personnel files. However, company policies must always fall in line with federal and state laws.
What Does “Privileged Information” Mean?
“Privileged” means that the information is confidential and cannot be accessed because it will be used against you in court. In a personal injury claim, it is common for medical records to be used as evidence in support of one party’s arguments.
Bear in mind that some of your personal information (including medical records) might be considered privileged, and so you may need to consult with an attorney to see if you can access privileged information.
On the other hand, your own information can also be deemed privileged, meaning that the opposing party won’t be able to access it if it will be used a certain way in court. In fact, that is the way it usually works- your medical information is generally held to be private, especially between you, your physician, and your attorney.
Do I Need a Lawyer for Accessing Medical Records for a Personal Injury Claim?
If you have suffered a personal injury, you have the general right to view your medical records in relation to the injury. You may wish to hire a personal injury lawyer if you encounter difficulties in viewing your medical documents. An experienced injury attorney in your area will be able to explain your rights under to the laws in your jurisdiction. You may also need to hire a lawyer if you need representation in a personal injury lawsuit.
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Last Modified: 12-21-2011 11:59 AM PST
