Released on: September 27, 2008, 12:59 am

Press Release Author: Webb & D’Orazio

Industry: Law

Press Release Summary: Everyone had a right to see their medical records, but be
aware they may not always get them.

Press Release Body: When suing a doctor for medical malpractice the first step is to
get medical records. They're vitally important evidence. There's a saying in medical
malpractice lawsuits (or medmal) that states, "If it isn't charted, it didn't
happen."
It should be easy to get medical records; after all, they are the personal property
of each patient. Asking for them will produce them. Unfortunately, that isn't about
to happen any time soon.
There is the right under a federal law called Health Insurance Portability and
Accountability Act (HIPAA) to see, copy and make changes to medical records. This
same act also protects patient's privacy.
Health care providers are bound to follow HIPAA and that means patients usually have
the right to copy their medical records or look at them. This must be done within 30
days of a request in writing. Expect to pay for the copying in Georgia.
Corrections may be made to medical records and patients have the right to ask that
incorrect information be changed or to have missing information added. These
requests may be denied, and if so, there's the right to add a note to the file
stating why the changes were requested.
If patient rights are under HIPAA, then complaint may be filed in Georgia with the
Composite Board of Medical Examiners and the Georgia Department of Human Resources.
The major problem is the fact that the doctor and the hospital will know before a
patient does that they goofed up. It's likely noted in the patient chart. It's not
something they really want to be sharing with patients if they think they're about
to face a lawsuit. Ultimately that may mean lost, misfiled or wrecked records that
make a medmal lawsuit more difficult to litigate.
In some cases records won't be produced unless pressure is applied. To speed up the
process speak to a competent attorney with extensive experience in this area of law.
They will issue a demand for patient medical records on their letterhead, if not
also send someone to check the files themselves.
Time is of the essence in medmal lawsuits, as statutes of limitations may prevent
the ability to file a claim if a patient waits too long. Speak to a lawyer and find
out when the statute of limitations kicks in and how to proceed with a medmal claim.

Even if a patient does succeed in getting their medical records, give them to the
attorney of choice. They have certified nurses on staff etc. that can quickly
organize a file and figure out what information is missing.
Just because a file may have information missing, doesn’t mean there isn't an
actionable cause. This is why talking to an experienced lawyer may make the
difference between winning and losing.

To learn more, visit http://www.webbdorazio.com.



Web Site: http://www.webbdorazio.com

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