Obtaining Hospital Records
First, when interviewing the client, a Miami personal injury attorney needs to identify all medical providers that provided treatment or performed diagnostic studies for the client. Next the attorney will request all medical records. In order to do this, the client will have to sign a HIPAA form. HIPAA is an acronym for the Health Insurance Portability and Accountability Act – it is the federal law that is designed to protect a patient’s medical records. Even as an attorney – I cannot obtain another’s medical records without their express, written consent. The HIPPA authorization will (i) describe the information sought; (ii) name the person authorized to disclose the medical information; (iii) include the name of the person who will receive the requested information; (iv) describe the purpose of the request; (v) include an expiration date; and must (vi) include the signature of the individual authorizing the release of his/her medical information.
Doctors, hospitals, and medical groups – may (purposefully or not, depending on if they are the target of a claim or law suit) try to only provide what is specifically asked for – this is why the request will be as broad and inclusive as possible.