why is my attorney requesting my medical records

If you've decided to sue for personal injury, your attorney will almost certainly ask you to authorize the release of your medical records. This request will typically include the patient's name, social security number, date of birth, patient account number, and the patient's address.

Full Answer

How to write your medical records request letter?

Records obtained as part of a legal proceeding are most commonly requested in the form of a “subpoena.” Records subpoenas are almost always in the form of depositions on written questions. The purpose of any form of a records request is to obtain a complete and unaltered copy of your medical records on the patient.

How do I access my medical records?

Jan 17, 2022 · In most cases, the insurance company’s attorney will issue a subpoena requesting your injury records. Before your medical provider can release your records under subpoena, the provider is supposed to verify that you were notified of the subpoena, so you or your attorney can: Object to the disclosure of your records.

How do you obtain medical records?

Authorization for Release of Medical Records. If you've decided to sue for personal injury, your attorney will almost certainly ask you to authorize the release of your medical records. This request will typically include the patient's name, social security number, date of birth, patient account number, and the patient's address.

How to get copies of your medical records?

Sep 23, 2014 · In such cases, providers often ask their legal counsel if medical bills are considered part of a patient’s chart governed under HIPAA as PHI? The answer is yes . Case in point: A hospital receives a letter from an attorney regarding a client who was in a car accident, asking for her emergency-room records.

Why would someone want your medical records?

Gary Cantrell, head of investigations at the HHS Office of Inspector General, said hackers tend to steal medical records because they are like "a treasure trove of all this information about you." They contain a patient's full name, address history, financial information, and social security numbers—which is enough ...Mar 1, 2019

What are some legal uses of the health record?

The legal health record serves to: Support the decisions made in a patient's care. Support the revenue sought from third-party payers. Document the services provided as legal testimony regarding the patient's illness or injury, response to treatment, and caregiver decisions.

Should you release information about your patient to an attorney over the telephone?

Yes. The Privacy Rule allows covered health care providers to share protected health information for treatment purposes without patient authorization, as long as they use reasonable safeguards when doing so. These treatment communications may occur orally or in writing, by phone, fax, e-mail, or otherwise.Nov 3, 2003

Who is authorized to access patient information in the medical record?

Access. Only you or your personal representative has the right to access your records. A health care provider or health plan may send copies of your records to another provider or health plan only as needed for treatment or payment or with your permission.

What constitutes a legal health record?

A legal health record (LHR) is the documentation of patient health information that is created by a health care organization. The LHR is used within the organization as a business record and made available upon request from patients or legal services.

What should not be included in a patient medical record?

Blame of others or self-doubt, Legal information such as narratives provided to your professional liability carrier or correspondence with your defense attorney, Unprofessional or personal comments about the patient, or. Derogatory comments about colleagues or their treatment of the patient.Mar 23, 2010

What does HIPAA say about confidentiality?

The Privacy Rule protects all "individually identifiable health information" held or transmitted by a covered entity or its business associate, in any form or media, whether electronic, paper, or oral. The Privacy Rule calls this information "protected health information (PHI)."Dec 28, 2000

What does HIPAA do for patients?

HIPAA protects the privacy of patients by prohibiting certain uses and disclosures of health information. HIPAA allows patients to obtain copies of their health information. HIPAA also ensures that if there is a breach of health information, the breached entity must send notifications to the individuals affected.Oct 1, 2021

What do patients have the right to do to their medical records?

With limited exceptions, the HIPAA Privacy Rule (the Privacy Rule) provides individuals with a legal, enforceable right to see and receive copies upon request of the information in their medical and other health records maintained by their health care providers and health plans.

Can someone access my medical records without my permission?

General Rules. HIPAA provides that individuals generally have a right to access their own healthcare records.

For which of the following reasons would a record request be denied?

General concerns about psychological or emotional harm are not sufficient to deny an individual access (e.g., concerns that the individual will not be able to understand the information or may be upset by it). In addition, the requested access must be reasonably likely to cause harm or endanger physical life or safety.

Do receptionists have access to medical records?

5. Practice staff, for example receptionists, are never told of your confidential consultations. However, they do have access to your records in order to type letters, file and scan incoming hospital letters and for a number of other administrative duties.