If you are worried that you or a family member are a victim of medical malpractice, you should request the medical records as soon as possible.
Many patients and families have a difficult time obtaining their medical records because (a) they just don’t know how to get them or (b) if they have requested their medical records, they cannot get the hospital to send them.
The Georgia medical malpractice lawyers from The Moses Firm are here to help!
1. Use the online portals to request your medical records
You can request your medical records directly from a hospital website. Here are some links to some of the most prominent health systems in Georgia.
Northeast Georgia Medical Center
2. Make a proper request for your medical records
In order for a top medical malpractice law firm in Georgia to evaluate your medical malpractice case, you should have a (1) COMPLETE; (2) CERTIFIED; (3) COLOR; and (4) PDF copy of your medical record.
Federal law specifically requires hospitals to provide you the medical records in the form and format you want them. Federal provides states that the hospital “must provide the individual with access to the protected health information in the form and format requested by the individual, if it is readily producible in such form and format.” 45 C.F.R. § 164.524(c)(2)(i).
Be sure to make a specific request for a “complete, certified, color, PDF-copy” of your medical record. You can copy and paste these specific instructions in your medical records.
Be sure to request your medical records in an electronic PDF format. Hospitals can only charge you for the cost for producing the electronic PDF record. This cost is usually $6.50. If you do not specify that you want an electronic PDF copy, they will send you a paper copy and attempt to apply an expensive rate for medical records set forth in Georgia law here. A paper copy could cost hundreds or thousands of dollars. This is completely unnecessary. So be sure to let the hospital know that you want an electronic PDF copy of your medical record. This also makes it easier for you to email the medical records to a top medical malpractice law firm in Georgia like The Moses Firm based in Atlanta, GA.
Many hospitals and healthcare facilities fail to comply. The federal government has fined hospital and healthcare facilities tens and hundreds of thousands of dollars for failing to comply with a patient’s right of access. It is a fundamental civil right to access their own medical records in the “form and format” you want. The United States Department of Health and Human Services publishes a list of their penalties here for a healthcare facility’s refusal to comply with this federal civil right.
MyChart records are incomplete
Please note that the medical records from MyChart are incomplete. The MyChart records only contain a minuscule fraction of the actual medical records. They usually omit important parts like the nursing notes and various flowsheets. A knowledgeable and experienced medical malpractice law firm will want the complete medical record from the hospital.
3. Request all other important pieces of information
Be sure to request all imaging studies on a CD and all of the itemized billing records. Sometimes important sources of information are included in the imaging studies like x-rays, CT scans, and MRIs. Important information can also be found in the itemized billing records.
Time for Producing Medical Records
Most hospitals outsource their medical records producing responsibilities to vendors that process thousands medical records requests annually. In our experience, patients and families must repeatedly follow-up with these vendors to get their medical records. So it is important to confirm that they received the request and to follow-up with them regularly to ensure that the request is being processed in a timely fashion.
Federal law requires hospitals to produce medical records within 30 days of the request, 45 CFR § 164.524(b)(2). Many hospitals and their vendors routinely violate federal law. They often take 60-90 days, and sometimes longer, to produce medical records. If you have not received your medical record in a timely fashion and you have documented proof of your repeated efforts to obtain your medical records without success, you can file a civil rights complaint with the U.S. Department of Health and Human Services here.
We hope you found this information helpful. If you would like The Moses Firm to evaluate your case, please reach out to us at (404) 721-1050 or contact us through our website at www.themosesfirm.com.