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How to Obtain Your Florida Medical Records

Posted on August 20, 2015

There are many reasons why you may need copies of your medical records. For example, if you have been involved in a Florida car accident, you will need your medical records to prove the severity of your injuries or even the fact that you were injured in the accident. Your medical records will also establish that your injuries resulted from the crash and were not the result of a prior condition. You will also need your medical records if you are the victim of medical malpractice or have been hurt by a defective product.

Under the Health Information Portability and Accountability Act (HIPAA), you may request your own medical records. You may even request someone else’;s records if you are a designated representative. You will have to obtain written permission from the patient, but you can receive the records for them if you are an official representative. You may even request your child’;s medical records or someone else’;s if you are the legal guardian. HIPAA also allows certain individuals to obtain medical records for someone who has died, as long as they are the personal representative of the estate.

You can view your original medical records at your medical provider’;s office or request copies for you to keep and use during litigation. The health care provider must then give you the records within 30 days. However, health care providers have the right to withhold psychotherapy notes, information the provider is gathering for lawsuits and medical information that may endanger your life. If the provider chooses to deny you access for any of these reasons, they will send you a denial letter. You have the right to appeal their decision.

Your medical records are just one piece of evidence that can help your case. Depending on the circumstances of your case, you may also need contact information from anyone who witnessed the incident, photos from the location of the accident, records of the losses you have suffered and testimony from medical professionals.

A Florida personal injury attorney can review your case and help you obtain and preserve the evidence needed to be successful with your claim or lawsuit. With the right legal guidance, financial support may be available to help you recover emotionally, physically and financially after a devastating accident.