If you’re dealing with medical malpractice, personal injury, or wrongful death issues, getting your medical records is often the first step in finding answers and building a strong case. Under Ohio and federal law, patients have the right to access their own medical records. Medical providers are required to release records to patients, their legal representatives, surviving next of kin, and estate fiduciaries. Understanding your rights to obtain medical records is essential, especially when there are concerns about the quality of care provided.
For people considering a medical malpractice, personal injury, or wrongful death claim, medical records can provide the essential foundation for legal evaluation. These records should offer a detailed, chronological view of care received, treatments given, diagnoses made, and provider actions that could impact the case. They serve as evidence, documenting everything from initial consultations to discharge notes, and are often some of the first documents reviewed by attorneys, experts, or insurance companies.
The Health Insurance Portability and Accountability Act (HIPAA) grants patients the fundamental right to access their medical records. This means that healthcare providers must provide a patient with access to review medical records, and they must get your medical record copies upon request. Patients are also protected from excessive fees designed to deter them from obtaining copies of their records by federal and state law.
When a patient requests a copy of their records, providers typically must respond within 30 days (with a one-time extension of 30 days if necessary).
Providers are permitted to charge a reasonable fee for copies. Federal Regulations provide that a covered provider may charge a flat fee of not more than $6.501, or the actual cost of:
Ohio law aligns with HIPAA and HITECH, also giving patients access to their medical records within the same timeframes. Under Ohio Revised Code § 3701.74, providers must make records available upon request. The state caps “reasonable copying fees,” and these limits are updated annually. Federal rules on fees may still offer more protection for high costs than the Ohio caps.
Patients sometimes face barriers such as refusals, incomplete records, high fees, or administrative delays. From working with thousands of families over our firm’s history, we have strategies for you when your request for medical records are refused, when the records you receive are incomplete, when the fees charged for your records are too high, or when the request is unreasonably delayed. How to respond to these issues can be dependent on the type of issue you are experiencing, the provider at issue, and the nature of the case. When you believe you may have a medical malpractice, wrongful death, or personal injury case and are unable to obtain complete copies of your medical records, we are here to help.
Accessing your medical records is a fundamental right and a critical step in advocating for fair treatment, particularly in cases involving potential malpractice or injury, but it can be difficult to obtain the complete records you need without help. By understanding the steps involved and knowing your rights under both Ohio law and federal regulations, you can navigate the process more effectively, ensuring that no obstacles prevent you from seeking the answers or justice you deserve.
Plakas Mannos has extensive experience in litigating medical malpractice cases and helping patients assert their rights to all records, including those that the facility may maintain beyond the medical record department. For instance, Plakas Mannos attorney and Partners Lee Plakas and Megan Frantz Oldham successfully argued at the Ohio Supreme Court that medical records include all patient records including those that are maintained in departments other than the medical records department.3 In Griffith v. Aultman Hospital, the Ohio Supreme Court held that all data that pertains to a patient’s medical history, diagnosis, prognosis, or condition that a facility has in its possession falls into the definition of the medical record, regardless of where it is physically stored. Plakas Mannos can help make sure all of your medical records are released upon your request.
Accessing your medical records is not only your right but also an essential step in pursuing justice in cases of medical malpractice, personal injury, or wrongful death. Knowing the process and understanding your rights empowers you to build a solid foundation for any potential claims. The experienced team at Plakas Mannos is here to help guide you through the process, advocate for your rights, and stand by your side every step of the way. Contact Plakas Mannos today for a consultation and take the first step towards getting the answers you deserve.
Garrett Lloyd is Plakas Mannos' RN law clerk.