Published on April 2nd, 2019
As a personal injury lawyer, it is important that you have to request the medical records of your client legally to help him assist the claim he’s filing. The medical records of your clients play an essential role to make sure that the claim you are filing against the person or entity liable for the damages will be successful.
To be honest, if accessing the medical records of your client is a difficult task to do because HIPAA or the Health Insurance Portability and Accountability Act, the law that governs the privacy and confidentiality of every patient’s medical records is very strict.
Not only that there are several factors you need to consider before you and your client can head on in getting what you need to proceed with your claim.
In that sense, it is true that you have to work thoroughly with your client to get the necessary papers you need. Technically, medical records serve as legit evidence you can show to the court proving that your client has suffered physical injuries and visited a doctor for medication.
This also serves as a key in making sure that your client is getting paid for the physical damages he had suffered. That being said, retrieving the medical records of your client may be done easily if you follow some guidelines.
Today, we’d like to give you some best practices each legal counsels are following to be able to retrieve the medical records of their client easily.
Get An Authorization From Your Patient/Client
The very first thing you have to do in order for HIPAA to grant your request of accessing the patient’s medical records is by obtaining authorization from your client themselves. Make sure that the letter you get from them has their wet signature attached to make sure that it is valid. At the same time, HIPAA may need Letter Testamentary or Power of Attorney to support the authorization letter you are presenting.
Request For The Papers You Only Need
When retrieving for the needed medical records, you have to carefully study the case of your client first. Bear in mind that there records you don’t need and this should be left alone and should not be accessed. Sit and talk with your client regarding the important angles of your case and from there you can assess what type of medical records you only need to support your claim.
Make Sure That All Records Are Complete
To head on to a successful claim you need to ensure that all the medical records you retrieved are all complete and in all forms. If you and your client is having a challenge when it comes to retrieve his medical records, you can seek help from outsourced companies like Medical Record Retrieval Process by American Retrieval. This team specializes in retrieving medical records efficiently and follows the HIPAA guidelines; thus, it would be easier for them to get it for you.