Disclaimer: This article provides general information and is not legal advice. Always consult a qualified attorney for guidance specific to your circumstances.
Detailed Answer
In Kentucky, you have a right to access your medical records and diagnostic imaging under the federal Health Insurance Portability and Accountability Act (HIPAA) (45 C.F.R. § 164.524) and state procedural rules. Gathering these documents strengthens your auto accident injury claim by showing the nature, extent, and treatment of your injuries.
1. Requesting Medical Records and Imaging
- Identify providers: List all physicians, hospitals, urgent care centers, and radiology facilities that treated you after the crash.
- Submit a written request: Use each provider’s release form or send a HIPAA-compliant authorization letter. Include:
- Your full name and date of birth
- Dates of service
- Specific records requested (e.g., ER notes, CT scans, MRIs)
- A clear signature and date
- Expect response and fees: Providers must respond within 30 days. They may charge a reasonable fee for copying and postage under HIPAA; Kentucky does not impose stricter limits.
2. Organizing Records for Your Case
- Chronological order: Arrange records by date to map your injury and recovery timeline.
- Highlight key findings: Note fractures, disc herniations, soft-tissue damage, or other diagnoses.
- Secure images: Request digital media (CD/DVD) or film copies. Obtain a radiologist’s report if not included.
3. Introducing Records into Evidence
Under Kentucky Rules of Civil Procedure (CR):
- Initial disclosures: CR 26.02(3)(B) requires you to list medical records and imaging you may use at trial.
- Requests for production: Serve a CR 34 request to compel opposing parties to produce related records.
- Subpoena duces tecum: Use CR 45 to subpoena non-parties (e.g., hospitals) if they do not honor your HIPAA request.
- Authentication: Medical records are self-authenticating under Kentucky Rule of Evidence (KRE) 902(4). A custodian’s sworn affidavit or declaration under 28 U.S.C. § 1746 can establish authenticity.
4. Leveraging Records in Your Claim
- Establish causation and severity of injuries.
- Show the chronology and necessity of treatments.
- Calculate past and future medical expenses.
- Support non-economic damages (pain, suffering) with provider notes.
Helpful Hints
- Keep copies of all requests and follow up if you don’t receive records within 30 days.
- Review medical bills and Explanation of Benefits (EOBs) to verify treatment costs and dates.
- Consider hiring a medical expert to interpret complex imaging.
- Organize records in a clearly labeled binder or digital folder for settlement negotiations or trial.
- Explore an independent medical examination if the defense challenges your injuries.
Additional resources:
- HIPAA access guidance: https://www.hhs.gov/hipaa/for-professionals/privacy/guidance/access/index.html
- Kentucky Civil Rules of Procedure: https://kycourts.gov/legislation_rules/Pages/rules-of-civil-procedure.aspx