Medical Charts Are the Key to Med Mal Lawsuits

Added: (Mon Mar 01 2010)

Pressbox (Press Release) - When filing a medical malpractice suit, a key item of evidence is the patient’s medical records. Crucial information is contained in them.

“There is a saying in the medical malpractice area of law that refers to patient’s medical records – ‘If the information wasn’t charted, it did not happen.’ Scary thought; and one that makes getting those medical records vital to a case. Of course, that isn’t as easy as it sounds, even though that information deals with a particular patient and belongs to them,” outlined Robert Webb of Webb & D'Orazio in Marietta, Georgia.

Ideally, under HIPAA, which stands for Health Insurance Portability and Accountability Act, patients have the right to not only view their medical records, but also copy them and amend them. After all, it “is” their personal information and HIPAA protects its privacy. “Here is the interesting thing; chances are at one time we’ve all signed a great long and detailed form in a doctor’s office that details how that physician is guarding or sharing that health information. We do this because most health care professionals ‘must’ follow HIPAA and the privacy laws of their state,” added Webb.

Without getting too detailed about what is allowed and what isn’t, suffice it to say that patients normally have a right to demand their records and to copy them. The hospital or doctor’s office must, in most instances, provide the records within 30 days of being asked to produce the records. “Be smart, keep a record that the information was requested and make sure it’s in writing. In Georgia, patients are charged for copying medical information,” Webb stated.

If there are errors on the medical record, under the auspices of HIPAA, a patient has the right to ask that the wrong information be corrected or to demand missing information be added. If this request is turned down, the patient has the right to file a short statement explaining why the information was requested.

“If any requests for medical records are not honored, there is an option to file a complaint with the Office of Civil Rights, Health and Human Services and/or the State board that certifies physicians and medical establishments,” Webb outlined.

One of the major problems here is that those who made the medical mistake in the first place are usually the first ones to know, even before the patient, that an error was made. This means the file is flagged as being a potential problem at some point. If a request for those records does arrive, their first thought is a medical malpractice lawsuit. From this point on, it may become difficult to obtain patient medical records that are accurate.

“Unfortunately some of these files go missing and are extremely difficult to find without a great deal of effort. This means putting pressure on the facility to force them to find those records. While it’s a shame that force needs to be used to get the records, in many instances they won’t produce the records otherwise,” commented Robert Webb of Webb & D'Orazio in Marietta, Georgia. There are also instances of medical charts torn apart and filed out of order; blacked out; short-sheeted on photocopying; and even fading copies out when sent.

Victims of medical malpractice need a skilled Atlanta personal injury lawyer as soon as possible. Do not wait or the statute of limitations that applies in such cases may run out. When it comes to cases such as this, only an attorney will be able to get those crucial patient medical records.