How to Obtain Your Medical Records
Posted on behalf of Rizk Law on Mar 25, 2014 in Medical Issues
Injuries plague the majority of car accidents. Over 2 million people are injured each year after being involved in a collision. If you are suffering from an accident-related injury, it is vital that you prove to the insurance companies your injury was caused by the accident, not a previously existing medical condition. To do this, you must know how to obtain your medical patient records, a key element in proving liability.
Your Right to your Patient Records in Oregon
Everyone who has ever been to a healthcare practitioner has the rights to his medical records, given to them by the Federal Health Information Portability and Accountability Act (HIPAA). Under this law, you are allowed to acquire duplications of your patient records from any healthcare practitioner of your choice. Few exceptions are noted.
Your Own or Other’s Records
Based on HIPAA, any patient may request his own medical records or those of another person so long as certain requirements are met. To obtain records on someone else’s behalf, you must be deemed the person’s designated representative or a parent or legal guardian.
Your Child’s Records
If your child is under 18, parents and legal guardians have the right to request medical records. Only under the following circumstances is this not possible:
1. Your child has consented to medical care and parental consent is not required by the state of Oregon
2. Your child is directed to receive medical care by a court of law
3. A confidential relationship between the child and medical provider has been established (and agreed upon by the child’s parents)
Although patients retain the right to keep their records private after they have passed away, there may be times when the records of a deceased person are needed. In situations which you are appointed as designated personal representative or the legal executor of the deceased person’s estate, you have the right to access the person’s medical history. This applies even if you were selected by the court to settle the affairs of the deceased. If the deceased person’s medical records pertain in some way to your own health, HIPAA also lets you access the information.
What Records Are Prohibited?
Under HIPAA, specific patient records are off-limits, including:
1. Notes accumulated during psychotherapy sessions
2. Information that is collected by the medical provider to pursue a lawsuit
3. Medical information that your healthcare practitioner believes could put your life or that of another person at risk
It is always possible for a medical provider to deny your application for patient records. To notify you about the denial of the request, the medical provider must send an official denial letter. There are times when it is possible to appeal the denial. For assistance in moving forward with your personal injury claim in Portland, contact Richard Rizk at 503-245-5677 today.