The Short Answer:
After an accident, requesting your medical records is a critical step in documenting your injuries and building a strong personal injury claim. In Tennessee, you have the legal right to access these records, but the process involves more than simply asking for them. Providers are required to respond to valid written requests, typically within 10 business days, and may charge reasonable fees. Once the records are received, they must be reviewed for accuracy and used to support your case. Working with an attorney at The McMahan Law Firm can help ensure your request is handled correctly and that the records are used effectively to pursue the compensation you could deserve.
Key Takeaways
- Medical records are key evidence in injury claims: They help establish the severity of your injuries and their connection to the accident.
- You have a legal right to access your records: Tennessee law gives you the right to obtain copies of your medical records with a valid written request.
- Providers must respond within 10 business days: Healthcare providers are legally required to deliver requested records promptly unless a valid extension applies.
- Some records may be withheld: Mental health notes or other sensitive information may be excluded if disclosure could cause harm.
- Reasonable fees may apply: Providers can charge state-approved fees for copying and delivering records.
- You should review records for accuracy: Missing or incorrect information can weaken your claim if left unaddressed.
- An attorney can manage the process for you: The McMahan Law Firm can help you request, review, and apply your records strategically as part of your personal injury case.
What Happens After You Request Medical Records Following an Accident
Requesting medical records is only the first step. Once your request is submitted, several things occur behind the scenes before you receive the information you need:
After receiving your written request, the healthcare provider’s records department must verify your identity and confirm your authorization. If your attorney submits the request, they may need to provide additional documentation showing they are acting on your behalf.
Most providers have internal review procedures that must be completed before any records are released.
The provider gathers your medical records from various departments, including physician notes, test results, imaging, and discharge summaries. In some cases, records from third-party labs or specialists may need to be included, which can extend the processing time.
Records may also be reviewed internally to determine if any portions should be withheld under privacy laws (such as mental health records or information about other individuals).
Before releasing the records, the provider may notify you of any applicable fees. Under Tennessee law, providers may charge a per-page rate for physical copies and administrative costs. You may also be asked whether you would prefer to receive the records by mail, encrypted email, or through a secure portal.
Choosing a digital format is often faster and more cost-effective.
Providers have up to 30 days to fulfill your request under HIPAA. In Tennessee, most providers comply within this timeframe, but they may request a 30-day extension with written notice. Delivery timelines can vary based on how the records are stored, how many providers are involved, and whether the records are being mailed or sent electronically.
Once you receive your records, it’s important to review them thoroughly. Look for missing visits, incorrect dates, or any medical information that doesn’t align with your memory of treatment. These records play a central role in any insurance claim or legal case related to your accident.
If anything is missing or inaccurate, your attorney can work to obtain corrections or additional documentation.
In a personal injury case, your medical records help establish the severity of your injuries, the timeline of your treatment, and the connection between the accident and your condition. Insurance companies and defense attorneys will review this documentation closely.
Accurate, complete records can strengthen your claim and impact the amount of compensation you may recover.
Who Can Get Records?
Although there are also individual state regulations related to medical records, generally, these records are covered by the federal Health Information Portability and Accountability Act (HIPAA).
Under HIPAA, every person has a right to copies of their medical records. However, because there are a few circumstances where records can be withheld, it’s important to examine this issue a little more closely.
In addition to getting medical records for yourself, you may be able to obtain copies of someone else’s medical records if they have designated you as their representative or you have been appointed as their legal guardian. An example of this would be an adult who has been given guardianship of their elderly parent.
If you have a child, you will usually be allowed to get copies of their medical records. However, if you live in a state where your child can receive care without parental consent, if your child’s car was ordered by a court, or if you allow your child and their doctor to have a confidential relationship, you may not be able to get copies of their records.
You can sometimes have access to a deceased person’s medical records if you have been designated the representative of their estate.
Types of Medical Records
Generally, you are allowed to get copies of your own medical records or view your original records at your medical provider’s office. However, there are certain types of records that can be withheld if deemed necessary by the medical provider.
Commonly, psychotherapy patients will not be able to get copies of their therapist’s notes. Your records request may also be denied if they are being gathered for use in a lawsuit. If your medical provider believes giving you your medical records would cause you to harm yourself or another, your request will be denied.
Tennessee Medical Record Laws
Like every state, Tennessee has its own medical record laws outside of HIPPA. In this state, medical records are considered the property of the hospital or medical provider. To get copies of your medical records, or another person’s records, you will need to submit a written request. Psychiatrists and psychologists are allowed to withhold medical records, and there is a mandated reporting requirement for communicable and sexually transmitted diseases.
Help Getting Medical Records
If you’re having trouble getting your medical records, or if you’re interested in using your records in pursuit of a personal injury lawsuit, you need to hire an experienced personal injury attorney from the McMahan Law Firm.
Our lawyers are familiar with medical records laws and can help you access these crucial documents. Contact the McMahan Law Firm today.
