If you have filed a medical malpractice lawsuit, then your malpractice attorney will need them in order to make a case for the negligent of health care providers.

This Malpractice Guide guide will show you how you can access your personal medical records.

Your Right to your Records

Since you are the patient, you have the right to request your medical records from your doctor, a clinic or a hospital. In fact, some patients request any new records that are generated from every visit they make to their doctor or to a clinic. It is your right, and the doctor or facility has a legal obligation to give them to you.

These records include doctor’s or nurse’s notes, medical test results, lab results and all billing information.

HIPAA and You

The Health Information Portability Accountability Act is federal law that ensures your privacy related to medical issues. It also guarantees that if you switch medical providers, your records must be transferred so that the medical professionals caring for you have necessary information about your health history.  It’s likely you’ve signed one or more HIPAA forms before being seen by a doctor or nurse.

The privacy aspect of the HIPAA laws sometimes confuses office workers in hospitals or medical practices. They might believe that they are not legally able to supply you or your medical malpractice attorney with the records. This is simply not true.

Requesting your Medical Records

All medical records are to be given to you in a timely manner. Laws vary by state, but limits of 30-60 days are common. You will probably receive yours earlier than that. You may request paper copies. In some cases, the healthcare provider might be willing to send them to you electronically. Most malpractice lawyers suggest that you request paper copies and that you go to the facility to pick them up yourself if possible. Your written request should include your full name, social security number

You also have the right to give the medical provider permission to send your records directly to a malpractice lawyer. A medical malpractice attorney will not be given your records unless the facility has your written permission.

In many cases, obtaining copies of your medical records is free. However, a slight fee might be charged to cover the costs of paying an employee to prepare the copies for you.

Act Quickly to Protect your Rights

If you believe you have a medical malpractice case, then act quickly to ensure your rights are protected. All states have time limits for filing a malpractice lawsuit. Some may be as little as 6 months, though 12 months is more common.

The same steps above can be used if you are part of a dental malpractice lawsuit as well.