How do I obtain my child’s medical records?
If your child received a lot of care after birth, you may wish to obtain your child’s medical records. It can be difficult to remember every test, treatment, and medication your child received. If your baby had a traumatic birth or spent time in the Neonatal Intensive Care Unit (NICU), medical staff addressed many issues that may not reveal long term effects until years down the line.
Having your child’s medical records can provide a clearer picture of your child’s health. You can verify what care your child received and correct any mistakes or missing information in the record.
You have a right to have a copy of your child’s medical records.
As a parent or guardian, you are responsible for decisions regarding your child’s health and care. According to the HIPAA Privacy Rule, you have a right to access your child’s medical record.
- Your request for your child’s medical records can not be denied due to an unpaid medical bill.
- The medical provider cannot require you to make a separate appointment just to request medical records.
- The doctor normally has up to 30 days to provide a copy of your child’s information.
- If something is wrong in your child’s medical record, you can ask the healthcare provider to correct it.
What do medical records include?
Medical records include all of a patient’s documented medical care and history. It includes past and current treatments from medical facilities. The complete medical record also contains doctor’s notes, test results, billing information, lab reports, x-rays, and more.
A patient’s medical record can include hundreds of pages of information. You can request a full record that includes everything or a partial record that only contains specific information, like allergies, results from a specific test, or notes from a single visit.
You can receive a medical record in several different formats, such as:
- An online patient portal through your healthcare provider
- A digital file emailed to you (Text, a Microsoft Word file, a PDF)
- A digital record in a healthcare app for your phone
- A printed paper copy
The medical staff will do their best to provide the records in the format that works best for you.
Why would a patient want to obtain their medical records?
You may want to view and obtain your medical records to see details about your care and have a more in-depth understanding of your health or your child’s health. Reviewing medical records allows the opportunity to verify your care. You can double check which tests medical professionals conducted, prescribed medications, or other details. You can also request for the doctor to correct any errors or inconsistencies in the record.
Most health care systems use online patient portals to consolidate and provide patients access to their medical records. Patients can always ask for their records.
How can I get copies of my child’s medical records?
To get copies of your child’s medical records, you need to contact your healthcare provider. You may need to fill out a health or medical record release form to receive a copy of the records.
- Online Patient Portal: You may already have access to your records through an online patient portal. There may be an option to request your medical records there. Ask your provider how to access the portal.
- Website: The healthcare provider’s website may indicate how to request your child’s medical records or have a link to the release form.
- Phone: You can call your healthcare provider and request the medical record.
- Visit: You can ask for your medical records during or after an appointment. You can also visit the healthcare provider in person and request medical records. However, your healthcare provider can not require you to make a special appointment just to request medical records.
As a patient, your right to view and access your health information is protected by the Health Insurance Portability and Accountability Act of 1996 (HIPAA).
If you have the responsibility to make medical decisions for someone else, you have the right to access their medical record. For children, this person is usually their parent or guardian, but adults can also have a personal representative to handle their medical decisions.
How soon can I access my records?
Medical facilities try to provide your records as soon as possible. You must receive the records within 30 calendar days of your request. You can request your medical records in whatever format works best for you (digital app, PDF, hard copies, etc.).
The records will be sent either via mail or through an electronic portal. The doctor must try to provide you with records in your requested format, and if they are unable to do so, they must work with you to find a suitable solution.
Can medical records be used in a medical malpractice lawsuit?
Yes, medical records are a key part of a medical malpractice lawsuit. Medical records provide an objective record of the treatment a patient has or has not received. Attorneys review the medical records to identify negligent care or improper care. Medical malpractice attorneys are familiar with proper standards of care, and they can determine from the records if doctors and nurses followed the established guidelines properly. If medical records indicate physicians did not follow these guidelines, it may be medical malpractice.
The quality of medical records can be a subtle indicator of quality of care. If the medical records are contradictory, incomplete, or disorganized, the overall care provided may also be poor. Attorneys will also look for inconsistencies in the medical records. If different members of medical staff provide different accounts, the attorneys can make a jury question the truth of the medical record.
If you suspect anything has gone wrong with your care or your child’s care, an attorney can help you review the medical records for free. Call for a free consultation today.
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Can friends or family have access to medical records?
HIPAA also enables patients to grant caregivers, family members, or mobile apps access to their health information. The patient or personal representative must fill out a form that consents to that specific person or application receiving access to your medical records. It is recommended that a patient provide consent to at least one other family member or friend so that, in the case of an emergency, that person can receive and view the medical records.
Does requesting my records cost anything?
There should not be a fee associated with obtaining or viewing medical records. However, there may be a fee if physical copies are made or the information is mailed out. Information regarding the fee must be provided by the doctor’s office staff up front at the time of the request. Fees must be fair and limited to the price of postage or supplies necessary to deliver the records in the format requested. Ask your doctor’s office for more details.
How do you release or transfer medical records?
A patient may wish to transfer their records from one doctor’s office or hospital to another if they are:
- Relocating
- Changing health insurance policies
- Seeing a specialist
- Changing doctors for any reason
A patient’s medical records are confidential – they can only be released or transferred with the patient’s consent. The patient will need to complete and sign authorization for release forms, which can normally be obtained at a doctor’s office or hospital.
Sources:
- Very Well Health | How to Get Your Medical Records
- HHS | Your Rights under HIPAA
- HHS | Individuals’ Right under HIPAA to Access Their Health Information
- Health IT | Your Health Information, Your Rights
- Health IT | Your Health Information: Get It, Check It, Use It
- Medical Records as a Plaintiff’s Weapon