How to Obtain and Use Medical Records and Diagnostic Imaging in Alaska Auto Accident Injury Cases

Detailed Answer

Building a strong Alaska auto accident injury claim starts with complete medical documentation. You need two main categories of evidence: (1) medical records and (2) diagnostic imaging. Here’s how to secure and leverage each.

1. Requesting Medical Records

1. Identify all providers. List every doctor, hospital, urgent‐care clinic or therapist you’ve visited since the crash.
2. Submit a HIPAA release. Under the federal HIPAA Privacy Rule (45 C.F.R. §164.524), you have a right to copies of your records. Contact each provider’s medical records department and complete their authorization form. Link: HHS HIPAA Privacy.
3. Specify dates and types of records. Be clear about the accident date and request consultation notes, treatment summaries, billing records and physical therapy logs.
4. Pay reasonable fees. Alaska law allows providers to charge copying fees only to cover costs (see Alaska R. Civ. P. 34).
5. Follow up on delays. If a provider fails to respond in 30 days, send a written reminder. Persistent non-response can be addressed with a subpoena under Alaska R. Civ. P. 45.

2. Securing Diagnostic Imaging

1. Request electronic copies. Ask for DICOM files or CD/DVDs of X-rays, CT scans and MRIs. These raw images allow expert radiologists to review alignment, fracture healing or soft‐tissue damage.
2. Obtain radiologist reports. These written interpretations are business records and fall under the hearsay exception in Alaska Evidence Rule 803(6).
3. Verify image quality. Ensure the files are unaltered and date‐stamped. Low‐resolution snapshots from patient portals may not suffice in court.
4. Use a chain of custody. Maintain a log of who handles the CDs or digital files. This prevents challenges to authenticity at trial.

3. Admitting Records into Evidence

Once obtained, medical records and imaging reports must meet Alaska’s evidentiary requirements:

• Authentication. A custodian affidavit or testimony can establish provenance.
• Hearsay exception. Business records (including reports by healthcare professionals) are admissible under Alaska Evidence Rule 803(6).
• Relevance and prejudice. The court will weigh probative value against any unfair prejudice under Alaska Evidence Rule 403.

4. Leveraging Records in Settlement or Trial

1. Chronological presentation. Organize documents in a timeline aligning treatments with your symptoms.
2. Highlight causation. Use radiology reports and physician notes to link injuries directly to the auto accident.
3. Quantify damages. Include itemized bills, therapy costs and future care estimates.
4. Engage experts. A medical expert can interpret imaging and explain long-term prognosis to a jury or insurer.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed Alaska attorney to address your specific situation.

Helpful Hints

• Request records early—some providers take weeks to process requests.
• Keep both digital and hard‐copy backups of all medical documentation.
• Use legible, organized indexes or tabs when presenting to insurers or at deposition.
• Confirm that imaging files open properly before relying on them.
• Consider a medical records retrieval service if dealing with multiple providers.