Getting Medical Records

In 1996, the Health Insurance Portability and Accountability Act (HIPAA) was passed by Congress. One of the most significant items in this act was restoring the security and privacy of health data, from the point of view of the patient. This law gives patients the right to view their medical files and requires that doctors have a patient's consent before sharing any private information.

If you believe you may have been the victim of medical malpractice, one of the first things you might want to do is take a look at your medical files. Despite any vibes you get about these files being confidential, they are not. You have a right to see any and all information written about you. The only legal requirements here are that you must be the patient in question or a legal guardian representing the patient.

As syndicated newspaper columnist and radio talk show host Trisha Torrey explains, all patients have the right to see their medical files whenever they wish. All medical institutions, clinics and doctors are required to keep adult medical records for approximately six years, though the exact amount of time will depend on the individual state. (Children's records must be kept even longer, up to ten years past the age of 18.)

In addition to vital medical files, doctors and providers must share any notes of personalized records they created themselves, including any and all test results. The only obstacle might be that you have to request certain records from the doctor who dealt with your case as opposed to a laboratory or office. Otherwise, you have a federal right to review this information.

The Rasansky Law Firm wants to make this clear: You do have a right to your health records. To obtain your records, you must be very explicit about which records you want. You must also give a reason for the release. You may have to pay a small fee. but you do have authority to view them and keep a copy of them.

If you are starting a medical malpractice case then this may be one of the very first steps in compiling evidence. If you need help bring a medical malpractice case against a doctor or major healthcare provider then contact the Rasansky Law Firm. You can get a free consultation by calling 877-331-4156 or completing our online form. An experienced malpractice attorney can help you through this challenging ordeal.