Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
Medical records and diagnostic imaging form the backbone of any auto accident injury case in Arkansas. They document your injuries, treatments, and long-term prognosis. To obtain and use these records effectively, follow these steps:
1. Identify and Request Relevant Records
Make a list of every health care provider you’ve visited for accident-related injuries: hospitals, clinics, specialists, and imaging centers. Send a written request to each provider specifying the records you need—progress notes, operative reports, lab results, radiology reports, and imaging files. Arkansas law grants patients the right to inspect or copy their records under Ark. Code Ann. § 20-18-405. Include your full name, date of birth, dates of service, and a clear description of the records requested.
2. Complete a HIPAA-Compliant Authorization
Under federal HIPAA regulations (45 C.F.R. § 164.524), providers usually require a signed authorization form before releasing records. Ensure your form:
- Identifies you and the provider.
- Describes the specific records.
- States the purpose (e.g., “auto accident injury claim”).
- Includes your signature and the date.
3. Obtain Diagnostic Imaging Files
Request the original DICOM files for X-rays, CT scans, and MRIs on a CD or via secure electronic download. High-resolution images are crucial for accurate interpretation. Providers may charge reasonable fees under Ark. Code Ann. § 20-18-405(b)(5).
4. Review and Organize Your Records
Create a chronological timeline of treatments and tests. Highlight key findings, treatment dates, and referrals. Label each image with the date, body part, and type of study. Well-organized records help attorneys, adjusters, and health care reviewers understand your medical history quickly.
5. Consult a Medical Professional for Interpretation
Ask a treating physician or independent health care provider to review your records and imaging. A clear medical opinion can connect your injuries directly to the accident, strengthening causation and severity elements of your claim.
6. Prepare Records for Submission
When submitting records to insurers or courts, include:
- A certified index or log of documents.
- An affidavit from a custodian of records to authenticate the files (for the business-records exception under Ark. R. Evid. 803(6)).
- Copies of imaging studies and radiology reports.
Use secure delivery methods such as certified mail or encrypted email.
7. Maintain a Chain of Custody
Document every transfer of original media. Record dates, recipients, and delivery methods. A solid chain of custody helps ensure that digital images and records are admitted as evidence.
Helpful Hints
- Submit your records request promptly; Arkansas providers have up to 30 days to respond.
- Ask about and negotiate fees upfront, especially for large imaging files.
- Request electronic copies for faster review and sharing.
- Keep detailed notes of all communications with medical providers.
- Back up CDs or downloaded files to multiple secure locations.
- Verify that your authorization form remains valid; many expire after one year.
- Consider a protective order if records contain unrelated sensitive information.