Medical Malpractice Cases: A Guide to Obtaining Medical Records

Medical malpractice claims the lives of about 250,000 people in this country every year. Don’t let your family or yourself be one of those lives.

We owe it to our loved ones to demand the best health care, and to make sure that our doctors honor their Hippocratic Oath. This is not only a right but also a responsibility.

However, to get the justice that is rightfully yours, you will have to go through the process of obtaining medical records.

Read on to learn how to make a request for medical records and get the information you need to support your claim.

How to Obtain Medical Records?

When you need medical records, there are several options open to you. You can request them yourself, or someone else can do it for you. If a third party is involved in obtaining your medical records, they will need authorization from the patient to do so.

Ask the Hospital Directly

First, reach out to the hospital. It’s best to do this via email first and follow up with a phone call. That way, you have evidence of your medical records request if you have to take your case to court.

If you’re requesting medical records for a specific purpose, note that in your request.

The exact name of the department that holds records varies by hospital, but you can usually find it by looking on the hospital’s website. If you can’t figure out who to contact, consult MDT.

Subpoena

A subpoena is a legal document issued by the court. It requires the hospital to release your medical records. A court usually issues subpoenas as part of an active legal case.

If you need to get your medical records to file a lawsuit, then you can ask your lawyer for direction on how to go about obtaining a subpoena.

Is There a Charge for Obtaining Medical Records?

Generally, health facilities release medical records at no cost. But this varies by facility. Many hospitals charge a small copying fee if you want a copy of your records.

What Medical Records to Ask For

There’s no guarantee that you’ll get your documents as soon as you request them. Since there may be a waiting period, get the right information the first time. It will save you and your attorney lots of hassle.

Discharge Reports

When you get released from the hospital, they will give you post-hospital care recommendations. Secure these for your attorney.

Surgical Records

If you have undergone surgery, a surgical record exists with your history. The document can provide important guidance for future medical decisions.

Prescriptions

The doctor will give you prescriptions when you leave the hospital. Take note of these records. Mistakes can happen and you’ll need these for evidence later.

Let Us Help

If the negligence of a medical professional has harmed you, get familiar with the process of obtaining medical records. It is a complicated process that can be difficult to navigate.

Whether you are currently seeking legal representation or want to know more about your rights, we can help. Our lifestyle articles offer advice on how to choose the right attorney and plan for your case. Check out some of our posts.