If you are involved in a Michigan accident with an automobile or motorcycle and you have sustained injuries, it may be necessary to obtain copies of your medical records. If it becomes necessary for you to file a personal injury lawsuit, those medical records may become a key component of your case if you need to demonstrate the extent of any injuries.
You Have a Right to Your Michigan Medical Records
The federal Health Information Portability[1] and Accountability Act (HIPAA) gives patients the right to obtain a copy of their medical records from any medical provider, with a few exceptions. According to HIPAA, you may request:
- Individual Records: You can request copies of your own medical records.
- Designated Representative: You can obtain the medical records of another individual if you are a designated representative. You may request someone else's medical records if they give you permission, in writing, to act as their representative in accessing records such as when an elderly parent designates a representative.
- Legal Guardian: You can obtain the records belonging to another person if you are their legal guardian. Likewise, if you are appointed as the legal guardian of another adult, you have the legal right to get that person's medical records.
- Child Records: If you are a parent, you are allowed to obtain the child’s medical records[2]. There are exceptions to this rule which prevent a parent from obtaining the child’s medical records:
- the child has consented to medical care and parental consent is not required under state law
- the child gets medical care at the direction of a court, or
- the parent agrees that the minor and the medical provider have a confidential relationship.
- Records of a Deceased Person: If you are the personal representative of an estate, either designated by a will or appointed by a court to settle the affairs of a deceased person, you can obtain their medical records.
What Type of Michigan Medical Records Can an Individual Obtain?
HIPAA gives patients the right to get copies of all of their medical records. Patients also have the right to view their original medical records. HIPAA does allow health care providers to withhold certain types of medical records, including:
- psychotherapy notes
- information the provider is gathering and compiling for lawsuits, and
- medical information that the provider believes could reasonably endanger your life, your physical safety, or the safety of another person.
How Long Does it Take to Receive Medical Records in Clearwater?
HIPAA requires medical providers to provide copies of medical records within 30 days of your request. If it will take more than 30 days to meet your request, the medical provider must give you a reason for the delay.
Contact a Michigan Personal Injury Attorney
The experienced personal injuries at Michigan Injury Lawyers can explain all of the different types of medical records to which you are entitled if you have been injured in a Michigan accident. Our personal injury lawyers have helped many victims obtain the recovery they deserve for their injuries and related losses. Please do not hesitate to call Michigan Injury Lawyers at 313-GET-HELP for a free consultation today.
References:
[1] http://www.hhs.gov/hipaa/
[2] http://www.hhs.gov/hipaa/for-professionals/faq/227/can-i-access-medical-record-if-i-have-power-of-attorney/index.html
Thomas L. Stroble
FOUNDER
Mr. Stroble is a highly accomplished graduate of Michigan State University, with degrees in both science and law. He specializes in commercial lawsuits and personal injury cases. Licensed to practice law in Michigan and even the U.S. Supreme Court, he’s a well-qualified legal expert. Besides his career in law, he loves outdoor activities and volunteers as a part-time police officer in Birmingham.
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