Tips for requesting and acquiring medical records for litigation for law firms
Tips for Requesting and Acquiring
Medical Records for Litigation for Law
Medical records are required for medical record review in
personal injury and medical malpractice litigation. This
article provides tips on requesting and acquiring medical
records from providers.
Medical records being a key element in personal injury and
medical malpractice litigation,
attorneys often have to request for
the relevant patient medical records.
Usually, paralegals are put on the
job and if they don’t know how to
go about it, considerable time and
effort are likely to go waste. This
article highlights certain tips that
would prove useful to attorneys and
their paralegals setting out to collect medical records for
purposes of litigation.
Requesting Patient Records for Medical Record
• Make a list of all the healthcare providers involved in
providing care to the claimant. This list should be
comprehensive with accurate contact information for
each provider. In this way, it will be easy for you to
decide which records to request for.
• Ask for all records that the providers have in their
possession. Make sure that you have included all
relevant records. Cost should not be the priority. It is
best to have even medical records you may not
actually need rather than foregoing records that may
turn out to be relevant at some later stage.
• When receiving medical records especially from
hospitals, be extra careful in ensuring that the record
set is complete. A notified affidavit that the hospital
may send with the records can only account for the
• It is important to scrupulously compare the medical
record data with the medical history provided by the
Acquiring the Relevant Medical Records – How
Providers have to make the medical records available on
request. Find out the procedure of requesting records,
which may differ with each provider. Direct
communication with the provider will also enable you to
identify unavailable records – those that you may have to
obtain from another source. Medical records may be
accessible through the physician’s office. If the physician
practice is owned by a healthcare system or hospital,
request has to be made to a central records resource.
HIPAA has made the procurement of medical records
rather complicated with many providers in the dark as to
when and how they can safely share their patients’
healthcare data. Usually, providers have their own
authorization forms that you may have to use. In such cases
it is vital that it is evaluated thoroughly and also ensure that
it will give you access to all the required medical records.
Medical record requests should be placed as soon as you
decide to take up the case because medical record
collection is a long process. Pharmacy bills, prescriptions,
hospital and medical bills are all important as they would
help to assess the damages in each case. Medical records
maintained by third party payers must also be collected to
substantiate additional healthcare services received.
The above tips should help you get started on the medical
record acquiring process. For purposes of medical record
collection and organization, you can always count on the
valuable support of a reliable medical review company.
Posted by MOS Medical Record Review Company