Everybody will need a copy of their medical records at some point. For example, if you find yourself involved in a personal injury lawsuit, your medical records provide an extensive history of the treatments you have received and the doctors you’ve consulted, serving as invaluable evidence for your case.
However, if you’ve never tried to obtain copies of your medical records before, it’s likely you don’t know about your rights to these documents or the best way to go about getting copies. Learn how you can request copies of your medical records in Oklahoma so that you have the evidence that you need for your personal injury lawsuit.
Basics of Medical Records
You have a legal right to your medical records thanks to the Health Information Portability and Accountability Act (HIPAA). This federal law allows you to request copies of records from all of your medical providers. There are some exceptions to this rule, but you will usually be able to get the records that you need.
Besides your own medical records, HIPAA allows you to request other people’s medical records under certain circumstances. For instance, if you are someone’s designated representative, such as an infirm parent, you can make a request for their medical records. Similarly, if you are someone’s legal guardian, you should be able to obtain a copy of their medical records as well.
You can acquire your own child’s medical records unless your child is receiving medical care under court order, your child has consented to care in a state where your consent is not required, or you agree to the confidential relationship between your child and their doctor.
Getting Medical Records in Oklahoma
In addition to HIPAA, there are state laws to consider when requesting your medical records.
In Oklahoma, third parties are not allowed to access your medical records without your express permission. There is a standard form you can give you your medical providers to release your records.
While you do have access to your own records, you may need to pay a fee for copies. It is possible you will be charged fifty cents per page. For electronic records, you cannot be charged more than thirty cents per page.
Notes that have been made by a mental health professional will be kept separate from your normal medical records. Only the treating physician can grant access to these records. Prison inmates will only be given copies of their records if it would not put their safety at risk.
Medical Records Exceptions
There are certain situations where you can be denied access to your medical records.
If your medical records are being used as the basis for a lawsuit, you may be unable to obtain copies. It can also be very difficult to get copies of notes made by your psychotherapist. Finally, your doctor may deny your request if they believe that giving you your medical records would cause you harm.
Talk with an Attorney
If you need your medical records for a personal injury lawsuit, you should be sure to get assistance from the Parrish DeVaughn Law Firm.
Our attorneys can help you obtain your medical records and can advise you on the best way to use your records in your personal injury suit. Contact the Parrish DeVaughn Law Firm today.