Know Your Rights When Accessing Your Medical Records in Colorado Springs
Have you moved to a new town and you need copies of your medical records for your new doctor? Have you experienced medical malpractice or you’re pursuing another kind of personal injury case, and you need your records to pursue the case? You’re usually entitled to view your original medical bills at your doctor’s office and to obtain copies.
In some cases, you can also view copies of records for other people. There are, however, a few exceptions to this rule, and it helps to understand how the law works. Learn what getting medical records take, from who can access records, to the process for receiving them, and how an attorney can help you challenge denials.
HIPAA and Getting Medical Records
HIPAA stands for the Health Information Portability and Accountability Act. It exists to protect your privacy and guarantee you access to your medical records. There are very few exceptions to this law, but in general, you can always view your original medical records at your healthcare provider’s office where they’re kept, and you can request to be sent copies for your own use.
The exceptions to these rules are psychotherapy notes, which you don’t have the right to view; any information that the healthcare provider is currently putting together for a lawsuit; and information that your provider believes presents a concern for your health, safety or life, or the health, safety, and life of someone else.
What about Others’ Records?
You may also have limited access to others’ medical records. These include those of your children, anyone over whom you possess legal guardianship, or a deceased person if you are either the designated personal representative of their estate or if you are a relative who needs their records for reasons related to your own health.
There are exceptions to this rule as well. If your child is receiving medical care and procedures that don’t require your parental consent, these records are confidential. Likewise, if the courts have mandated procedures you can’t see the records. Finally, if you’ve agreed to the confidentiality of the child’s relationship with the provider, you won’t have access to those records.
Turnaround Time for Obtaining Records
Once you’ve determined which records you want, you’ll have to place a request in writing. This will usually include your name, contact information, the records you want, and sometimes your social security number and reason for accessing the records. After this, federal law gives the provider 30 days to provide the records to you.
If the provider denies your request or will have a delay, they are required to inform you in writing as to the reason. If you disagree with this reason, you can challenge their denial or delay.
Seeking an Attorney’s Help
If you are having any kind of difficulty obtaining your records, or the records of someone else you believe you are entitled to see, an attorney might be able to help. Contact the Colorado Springs personal injury lawyers at Heuser & Heuser, LLP, for a free consultation and to get help getting medical records you need today.
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Questions Or Schedule A Free Appointment? Click To Call (719) 520-9909
No Fee Unless You Win
Questions or Schedule A free Appointment? Click to Call (719) 520-9909
Frequently Asked Questions
How Do I Know What My Case Is Worth?
There are a variety of things we look at when evaluating your case and determining its value. We look at how the accident occurred. We look at what sort of injuries you sustained. Do you have a permanent injury that will last the rest of your life? Are you going to have future medical bills? We look at lost wages. Did you lose your job? If you have permanent work restrictions as a result of the accident, you may not be able to find a job very easily in the future. These are some of the factors that we look at in evaluating a claim. Every case is unique and different. That’s why at our law firm, every case gets personal attention from the lawyer when it comes time to evaluate.
Why is it Important to Hire a Lawyer?
Insurance companies are in business for a reason: to make money. Anytime they are paying money on a claim, it means less money to their bottom line. They have literally hundreds of adjusters and hundreds of lawyers who are on their side trying to figure out how to prevent money from leaving their checkbooks. Quite frankly, you do need a lawyer to help you through this because your lawyer will make sure you’re properly compensated.
Do Cases Settle Without Going to Court?
Cases settle before going to trial 80 to 90 percent of the time. However, that doesn’t mean there’s not a lot of work involved in getting a case settled outside of court. Sometimes you have to file a lawsuit and do a lot of what I call “legal maneuvering” to get a case settled. That means we take depositions from witnesses to the accident, from police officers, and from your doctors. But, yes, most cases will settle prior to trial.
Do You Get Good Results for Your Clients?
We do get good results for our clients. We have settled hundreds, if not thousands, of cases where we’ve had large settlements. We’ve had substantial verdicts. We go to the mat for our clients if necessary. We’ll appeal cases. We’ll do whatever it takes to make sure our client is taken care of.
See What Our Clients Say
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Questions Or Schedule A Free Appointment? Click To Call (719) 520-9909
No Fee Unless You Win
Questions or Schedule A free Appointment? Click to Call (719) 520-9909
Our Attorneys
Gordon J. Heuser, Esq.
As a Colorado Springs native, Gordon has been practicing in Southern Colorado for 35+ years.…
Barkley D. Heuser, Esq.
Barkley Heuser is a Colorado native, and has lived in Colorado Springs for over 59…
Brennan D. Heuser, Esq.
Brennan Heuser is a Colorado Native who graduated from the University of Miami, Fl with…
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