When it comes to filing a personal injury claim, medical records are one of the most critical pieces of evidence you will rely on to prove the extent of your injuries. Medical records provide formal proof that your injuries were the result of the accident in question and not a pre-existing condition or injury. Most insurance companies will likely deny or dispute a claim if you don’t provide medical documentation. If you plan to file a claim, you need to know how to get medical records and how they will affect your case.
What Do Medical Records Include?
Medical records is a broad term that includes your health record, as well as information about your injuries and hospitalization. They are detailed records of any diagnoses you have received and medical conditions you have. Without your medical records, you won’t be able to prove the extent of your injuries, and your compensation in a personal injury claim could be at risk.
Specific medical records relevant to a personal injury case would include:
- Diagnostic reports on your injuries
- Imaging results (e.g., x-rays, MRIs, etc.)
- Lab reports and blood work results
- Doctor’s notes on condition and prognosis
- Prescription lists
- Surgical reports
- Vaccination history
- Genetic information
- Hospital discharge paperwork
In other words, you need medical records to prove that your injuries happened due to the accident in question and not due to something else.
HIPAA and Release of Medical Records Laws in South Carolina
The Health Insurance Portability and Accountability Act (HIPAA) protects private citizens’ health information and stops unauthorized parties from accessing their medical records. HIPAA protections cover all health information, including your medical, demographic, and financial information.
HIPAA means that insurance companies cannot access your medical records and health information without your express permission. During a personal injury claim, you will get copies of the relevant medical records and send them to the insurance company, usually through your attorney.
How to Find Medical Records in South Carolina
South Carolina Code 44-155-120 requires medical providers to preserve medical records for at least ten years for adults and thirteen years for minors. The same law also gives patients and their legal representatives the right to request physical and electronic copies of medical documentation.
The simplest method is to contact your healthcare provider and request medical records in person, via phone, or by mail. Many medical providers nowadays also let you request electronic copies of your records, provided they already exist in electronic format. Generally, electronic copies are ideal because you can quickly transfer and send them to relevant parties.
The exact method for requesting copies will differ depending on your specific medical provider, so you can contact them if you have any questions. You can also authorize your attorney to obtain medical records for you.
How Much Does It Cost to Obtain Medical Records?
SC Code 44-115-80 allows medical providers in South Carolina to charge fees for medical records and allows the state to raise fee limits periodically according to the Consumer Price Index (CPI). The current fee structure for both paper and electronic medical record copies in South Carolina is:
- $0.83 per page for the first 30 pages
- $0.63 per page after the first 30
- $32.06 clerical fee
Total fees for electronic and paper copies of medical records are not to exceed $192.44 and $256.58, respectively. Note that these fee caps do not include additional fees for postage and any applicable sales taxes. If you request X-ray copies, the medical provider can charge the cost of reproducing the X-rays, including materials, supplies, and labor.
How Long Does It Take to Get Medical Records?
South Carolina Code 44-7-325 establishes that all healthcare facilities must comply with records requests within 45 days of receiving the request. However, healthcare facilities are not required to release medical records if less than 30 days have passed since the healthcare facility discharged the patient.
Should I Sign a Medical Authorization Form From the Insurance Company?
The insurance company may require you to sign a medical authorization release form depending on your personal injury case. This form is a legal document that gives the insurance company the right to delve into your medical history. Without a medical release form, they won’t be able to legally access your health information due to HIPAA regulations.
Insurance companies need access to medical records in order to assess damages and calculate how much of a settlement to offer. However, giving the insurance company carte blanche to investigate your medical records can impact your claim. Insurers can access all of your medical records, which means they could find records to use against you.
For example, if they find evidence of a pre-existing injury, they could use those records to argue that your current injuries were not, in fact, due to the accident. They may also look at things like family medical history or genetic information to shift liability for paying your claim away from them. Essentially, they may look beyond the intended scope of authorization to find medical information that can work against your claim.
If you get a medical authorization release form from the insurer, you will eventually have to sign it to proceed with your claim. However, you should consult with your attorney before signing any forms. An attorney can review the document and limit the insurance company’s authorization to only information directly relevant to the current claim. An attorney can also determine whether signing the form releases the insurance company from any liability for specific injuries.
Personal Injury Attorneys Serving Greenville
Medical records are a key part of filing a personal injury claim, but giving insurance companies complete access can harm your claim. A personal injury attorney can obtain reports for you and ensure that insurance companies cannot exploit you with unnecessary information. Contact Maxey McFarland Law online or reach out to us today at (864) 900-4231 to speak to a personal injury attorney in Greenville, South Carolina. Check out our law firm and our recent case results to know why you should trust us.
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