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This article is the first of a series of “How To” articles. Each will be chock full of practical tips litigation attorneys and paralegals can use to manage personal injury and medical malpractice cases before, during and after litigation. Don’t miss an article. Subscribe to have updates delivered to your inbox! Do you have a topic you want me to cover? If so, submit your topic here.
Requesting medical records at any stage of litigation can eat up loads of time. And, if it’s not done correctly and thoroughly, your client’s case will suffer.
Like many other routine litigation tasks, you need a plan of attack when it comes to retrieving medical records.
These five simple steps outline the best litigation practices to use to request medical records in a personal injury case.
1. Make a list of medical providers from which you will request records.
The time to discuss injuries, treatment and physicians seen with your client is during the initial consultation. It’s never too early to get this vital information. List every provider, including any ambulance service, hospital, primary care physician, orthopedist and other specialists.
This list is subject to change if your client is undergoing continuous treatment and receiving referrals to other doctors. It’s important that you encourage the client to keep you up to speed on any changes in his/her medical treatment.
2. Confirm mailing addresses before you blast off medical requests.
Many medical providers outsource their document copying services, but others still fill such requests in-house. You don’t want to assume that the physical location of the office is the same place you’ll need to send your records request to.
Confirm not only the correct mailing address but also the name of the person you should address the request to. Taking these steps will help keep your request from becoming lost in the vortex!
3. Include a HIPAA medical authorization form with your request.
A valid HIPAA authorization is required before a medical provider can fill your request for records. When you first meet with a client, have them sign several authorizations.
Be sure to send the HIPAA authorization along with the medical records request. Failure to send the appropriate authorization almost always leads to delays.
4. Do not ignore pre-payment invoices.
It’s not uncommon for providers to require payment for the copying charges in advance of sending the medical records. If this is the policy, you will receive an invoice for charges after your request is received and the patient’s file is reviewed.
Pay the invoice promptly to speed up the process of copying the records. This will get the records in your office sooner rather than later.
Tip: Check to see if the medical provider accepts online payments. If so, using the online option also saves valuable time.
5. Follow up… as often as necessary.
An effective follow-up system can determine how quickly you receive your client’s medical records. On the day you mail the requests, set up a tickler system based on the following format:
- Within 4-5 days of mailing, contact the medical provider to confirm receipt of the records request and authorization.
- Schedule a 2nd follow-up call to check on the status of the records 7 days after the first.
- Continue to follow up every 4 days until the medical records are in your hands.
Tip: Develop a relationship with the medical provider’s staff. I can’t stress the importance of this tip enough.
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This information was also helpful for me and my Patient Advocacy Business. Medical records hold up the process for patients medical care. Thanks!
Hi Nafeesah! I’m glad you found the article helpful. Make sure you check out the rest of the series! There will be more articles on organizing, reviewing and summarizing medical records in the near future.