Can I Go to My Doctor And Request My Medical Records?
It seems like it should be easy. Medical records and bills are needed to support a personal injury claim. The doctors office has them. You should be able to go the to the office and pick them up.
Easy, right? Maryland car accident lawyers would probably be unanimous in wishing you “good luck”. Of course, medical records are a vital part of any car accident claim, whether presented to a jury, judge or expert witness, your Maryland car accident lawyer Attorney Eric T. Kirk must have these documents to fully present your case. The Health Insurance Portability and Accountability Act of 1996 (HIPAA) regulates who, and how one can get your records.
Many patients are shocked to hear a clerk at their doctor’s office tell them, because of HIPAA, they cannot have their own records, but their attorney can!
Of course, that is not the law, and never has been. The reality is, by 2019, that most medical practices have outsourced their medical records, and their medical billing, and may, and likely do not have such records in the office. For those that do, some have suggested a reason for this policy of not providing records to a patient but only to any attorney who needs them may lie in the fact that some medical providers, or their records retention services, charge a dollar or more a page to produce records to an attorney. Obtaining records can become an enormous task. The process of getting full and accurate records can sometimes take on case-within-a-case dimensions.
I offer a free case analysis, evaluation and strategy planning meeting to my clients. Contact me today to schedule a session. 410 591 2835.
- Baltimore Personal Injury Trial Lawyer Eric T. Kirk
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For over three decades, I have battled against the nation’s largest insurance companies, always endeavoring to ensure my clients receive the compensation they deserve. As lead counsel in thousands of cases across Maryland, New York, and Florida, I have recovered millions for clients whose claims were wrongfully denied and delayed. Whether denying fair compensation for a personal injury victim or denying benefits to a homeowner, Insurance companies employ policy exclusions, technicalities, and lowball offers to deny and defeat claims. They also hire very good lawyers to fight you in court. So should you. When an insurance company unfairly rejects a claim, I stop them.
