Medical records are the bedrock of any personal injury claim. They tell us about your injuries, your limitations, and what treatment was needed to make you better.
A lot of health systems have moved to electronic records for which clients have fairly easy access. However, that’s not always the case and, even if it is, not everything that you need is available.
RC 3701.74(B) is a statute that requires health providers to permit a patient to examine their record during regular business hours without charge or, on request, provide a copy of the record for a small fee.
R.C. 3701.74(B) provides:
(B) A patient, a patient's personal representative, or an authorized person who wishes to examine or obtain a copy of part or all of a medical record shall submit to the health care provider a written request signed by the patient, personal representative, or authorized person dated not more than one year before the date on which it is submitted. The request shall indicate whether the copy is to be sent to the requestor, physician or chiropractor, or held for the requestor at the office of the health care provider. Within a reasonable time after receiving a request that meets the requirements of this division and includes sufficient information to identify the record requested, a health care provider that has the patient's medical records shall permit the patient to examine the record during regular business hours without charge or, on request, shall provide a copy of the record in accordance with section 3701.741 of the Revised Code, except that if a physician, psychologist, licensed professional clinical counselor, licensed professional counselor, independent social worker, social worker, independent marriage and family therapist, marriage and family therapist, or chiropractor who has treated the patient determines for clearly stated treatment reasons that disclosure of the requested record is likely to have an adverse effect on the patient, the health care provider shall provide the record to a physician, psychologist, licensed professional clinical counselor, licensed professional counselor, independent social worker, social worker, independent marriage and family therapist, marriage and family therapist, or chiropractor designated by the patient. The health care provider shall take reasonable steps to establish the identity of the person making the request to examine or obtain a copy of the patient's record.
Health providers must respond within a reasonable time and, if they fail to do so, RC 3701.74(C) permits a patient to file a lawsuit to obtain their medical records:
(C) If a health care provider fails to furnish a medical record as required by division (B) of this section, the patient, personal representative, or authorized person who requested the record may bring a civil action to enforce the patient's right of access to the record.
If you have questions about personal injury claims please contact Scott for a no cost, no obligation consultation and case evaluation.