Does The Accident Victim Have The Right To Access Medical Records?

Once an accident victim has seen a physician, that same physician’s patient has the right to seek his or her medical records.

Tips for an accident victim that wants to obtain the record to which he or she should be given access

That right has been guaranteed by the regulations in HIPAA (Health Information Portability and Accountability Act). The patient/victim would have 2 different ways to go after the desired record(s).

• The patient/victim could go in person to the place where the records were kept.
• The same patient/victim could designate a representative, and that representative could go after the desired materials/records.
• If a doctor’s patient had died, someone that had been willed control of the deceased’s estate would have the right to go after the medical records for that same decedent.

Personal Injury Lawyers in Mount Prospect are aware that parents have a right to request the stored medical information on their children, except in 3 specific cases:

• The child/teen has consented to medical care, and the parental consent is no longer required.
• The court has directed that the child of a given parent or couple should receive medical care.
• Parents have agreed to the maintenance of a confidential relationship between a child and that same child’s doctor.

An additional right given to accident victims

Each of those particular victims has the right to view their medical records at the doctor’s office, barring the existence of one of 3 special circumstances.

• The denied materials were notes that had been created by a psychotherapist.
• The materials sought contained facts that the doctor had collected, with the express intention of adding them to the gathered evidence in an ongoing lawsuit.
• If shared with the patient, the denied information might prove a threat to the health or safety of the same patient.

Obligation of any doctor that has found it necessary to deny disclosure of a patient’s medical records to that same patient

The denied individual/patient should be provided with a written explanation for the doctor’s chosen action. That written explanation usually comes in the form of a letter.

-It might be a letter from the psychotherapist that has shared certain information with a given patient’s doctor.
-It could be a written request from a lawyer, one asking that the patient’s doctor offer testimony in a given personal injury case. Alternatively, it could be correspondence from the court, stating that the contacted physician was supposed to testify at a given trial.
-If a doctor had felt that certain recorded information had the ability to endanger a given patient’s health or safety, then a letter would have to be created by the doctor of that same potentially endangered patient. The letter’s author, the physician would need to share the composed letter with the appropriate member from the physician’s list of patients.

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