Detailed Answer
If you’ve been injured in a Kansas auto accident, medical records and diagnostic imaging can prove the nature and extent of your injuries. Follow these steps under Kansas law to obtain, authenticate, and present these materials in your injury claim or lawsuit.
1. Obtain a HIPAA-Compliant Authorization
Under K.S.A. 45-221, healthcare providers must have your written consent before releasing medical information. Use a HIPAA-compliant release form that names the provider, dates of treatment, and types of records (e.g., imaging studies, physician notes).
2. Send Written Requests to All Treating Providers
List every clinic, hospital, imaging center, or specialist who treated you. Mail or fax the signed authorization with a detailed request specifying date ranges, record formats (paper vs. electronic), and particular items such as X-rays, CT scans, and MRI files (DICOM format). Under K.S.A. 45-221(e), providers may charge “reasonable fees” for copying.
3. Serve a Subpoena Duces Tecum if Necessary
If a provider delays or refuses, you can issue a subpoena duces tecum under K.S.A. 60-236. File it with the court clerk, then serve it via a process server or sheriff. Include the case title, file number, and a clear list of records to be produced.
4. Authenticate Records for Court
To admit records into evidence, lay a foundation under Kansas Rule of Evidence 60-456 (Business Records Exception). You can use:
- A custodian’s affidavit certifying the records were kept in the normal course of business.
- Live testimony from a witness with direct knowledge (e.g., a medical records custodian or treating physician).
5. Use Records to Establish Key Elements
In an auto accident claim, you must prove causation and damages. Medical records link the crash to your injuries. Diagnostic images visually demonstrate physical harm—fractures, soft tissue tears, spinal damage—and bolster your case when paired with expert medical testimony.
6. Prepare Demonstrative Exhibits
Work with your attorney and a medical expert to create clear, annotated images. Highlight fracture lines or disc herniations. Use timelines and labeled charts to correlate the accident’s impact with injury onset.
7. Comply with Confidentiality Rules
Under K.S.A. 45-221, you must protect private health information unrelated to your claim. Redact sensitive data—unrelated medical history or billing details—before filing records in public court documents.
Disclaimer: This article provides general information under Kansas law and is not legal advice. Consult a qualified attorney to review your specific situation.
Helpful Hints
- Keep a detailed list of all treating providers and their contact information.
- Request imaging data in DICOM format for the highest quality and expert review.
- Track all requests, authorizations, and responses in a centralized log.
- Meet all discovery deadlines; Kansas civil procedure limits the time to serve subpoenas.
- Work with a medical expert early to interpret complex imaging findings.
- Use clear exhibit labels and legends for jury presentations.
- Consider a protective order under K.S.A. 60-238 if records contain highly sensitive information.