The first step in almost any personal injury case is to obtain copies of all your medical records. This step is doubly important in Jacksonville medical malpractice law firm cases, where your medical records are the critical pieces of evidence in your case. (There is a saying in medal... "If it wasn't charted, it didn't happen"). This task should be easy; after all you are entitled to see a full and complete copy of your medical records right? Unfortunately it is not. I am writing this article with the benefit of having defended hospitals and nursing homes in the beginning of my career with one of the most prestigious medical malpractice law firms in Atlanta, so I know firsthand how it is done right and what can go wrong.
Know your Rights
You have the right under the federal law called HIPAA (pronounced "hippo" and standing for Health Insurance Portability and Accountability Act) to see, copy, and even amend your own health information. This law also protects the privacy of your health information. Chances are you have signed a long form at your doctor's office that sets out how your doctor is protecting and/or sharing your health information. Most health care providers must follow HIPAA and their State's privacy laws. You normally have the right to:
See and Copy your Medical Record. The facility usually must provide the record within 30 days of the request. I strongly suggest you document your request in writing. The easiest way is to ask the provider to give you their form or to tell you their specific procedures. In Georgia, your provider is allowed to charge you for copying your records. As of July 1, 2005, you can be charged 93 cents per page for the first 20 pages; 80 cents for the next 80 pages; and 63 cents for every page after 101.
Correct your Medical Record, otherwise known as the right to amend your medical record. Under HIPAA, you can request to change inaccurate information or add missing information. If the provider denies your request, you have the right to enter a short statement to your file that explains your position for the request.
If you feel your health provider did not honour any of the above rights, you may want to consider filing a complaint with Office of Civil Rights, Health & Human Services and/or your State's board(s) responsible for certifying doctors and medical facilities- in Georgia they are the Composite Board of Medical Examiners and the Georgia Department of Human Resources.
Getting Records When Things Go Wrong
Unfortunately the doctor or hospital will know before you do that they made a mistake. Hospitals and other medical facilities have a whole department known as Risk Management to deal with their mistakes. Risk Management will usually document the incident and then flag your file. This means that when a record request comes in, they are immediately thinking law suit. I would like to give the benefit of doubt to doctors and hospitals when it comes to full disclosure, but my practice has taught me otherwise. I never saw intentional withholding of medical records when I was on the defence side of personal injury litigation, but that does not mean it does not happen or that there are not those hospitals and lawyers who stonewall.
