How to Obtain and Use Medical Records and Diagnostic Imaging to Support an Auto Accident Injury Case

Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney before taking action.

Detailed Answer

1. Requesting Your Medical Records

Under California law, patients have the right to inspect and copy their medical records. To do so, follow these steps:

Submit a written request to the healthcare provider or facility. California Civil Code § 56.10 grants you the right to access your records. Link: Civ. Code § 56.10.
Include your full name, date of birth, and the dates of treatment you seek.
Sign and date the request. Providers may ask for a valid photo ID to verify your identity.
Pay any reasonable copying fees. Providers may charge up to $0.25 per page plus postage. See Civ. Code § 56.11.
Wait for the provider’s response. California law requires them to respond within 15 days of receiving your request, though extensions may apply in certain cases.

2. Obtaining Diagnostic Imaging

Diagnostic images (X-rays, MRIs, CT scans) are subject to the same access rules under California law and federal HIPAA regulations. To obtain them:

Submit a separate written request if the images are stored at a radiology center or hospital.
Specify whether you need film prints, digital copies (CD/DVD), or electronic files (DICOM format). Digital formats help speed up expert review.
Confirm the fee schedule. Imaging centers may charge flat fees for CDs or downloads.

3. Managing Costs and Deadlines

Medical records fees must remain reasonable. If you dispute an excessive fee, you can file a complaint with the California Department of Public Health. Keep track of deadlines:

Record requests: response within 15 days (Civ. Code § 56.10).
Discovery requests: if opposing counsel has not produced records, you can serve a Demand for Inspection under California Code of Civil Procedure § 2031.010. Link: CCP § 2031.010.
Retain originals whenever possible. Always request certified copies if a court requires them.

4. Using Records as Evidence

To submit records and images at trial or mediation, you must authenticate them and establish a chain of custody:

Obtain a declaration from the custodian of records to certify accuracy. See Civ. Code § 1561.
Provide originals or certified copies to opposing counsel with your exhibit list.
Hire a medical expert to interpret results. Experts can prepare timelines, explain causation, and establish connections between imaging findings and reported injuries.
Use excerpts and summaries during depositions or court. Highlight key findings (e.g., tissue damage, fractures) that support your client’s injury claims.

Helpful Hints

Track every request with dates and confirmations to avoid disputes.
Request a complete history of visits, treatments, and billing records for a full picture of medical expenses.
Keep digital backups of all records and imaging files in secure cloud storage.
Review records promptly to identify gaps or inconsistencies that require follow-up requests.
Consult with a personal injury attorney early to plan discovery and evidence presentation.