Medical Privacy under HIPPA
HIPPA is an abbreviation for the Health Insurance Portability and Accountability Act of 1996. The HIPPA law’s purpose is to ensure patient privacy. protects your personal health information, that can include medical and mental health records. HIPPA ensures your right to privacy and limits who has access and receive your private information as well as copies of your records.
You can Request Medical Records For:
- Your Child (if you are custodial parent or legal guardian)
- Another Adult (as Authorized Spouse or authorized legal representative)
- Deceased Person (legal representative of your estate)
For access to records for others – you need to prove legal authority to request the information, like a power of attorney.
3 Situations When Your Medical Records May Need to Be Requested
For major accidents and injuries where the injured becomes incapacitated or a loved one is not competent to make decisions, a power of attorney comes into play. A Medical / Healthcare Powers of Attorney (POA) authorizes the agent to ask for health care services and have access to medical records and consent on the behalf of another. They can also make decisions on doctors, facilities and the nature of your treatment. It’s important to remember that once a child reaches eighteen parents no longer automatically have writes to this information without a POA and the court might have to be involved if one doesn’t exist. In life threatening situations this can be critical.
Personal Injury Claims
If you are asking for financial compensation and damages for your injuries, medical records of your injuries are a big part of your personal injury claim. Records of your medical treatments, care provided, and cost of the care will play a role in your case.
Your Menomonee Falls Personal Injury Attorney will ask for authorization to your medical records to build your case. Either you can request your records or give your attorney written permission. Do not give insurance companies permission to your records without consulting your attorney. They will help determine what records to share and when.
Medical Malpractice Claims
If you are filing a medical malpractice claim you can request medical records for your case. You will need a “page by page” chart. You do not need to share the reasoning behind the request, because it’s your right to your information.
Your Milwaukee Medical Malpractice Attorney will likely use a medical expert or medical professional to analyze your records, with your permission, to build your case for wrongdoing by your doctor. They will determine the cause of your injuries and whether your doctor exercise reasonable care.
This is a list of only three times that your medical records may need to be requested but you will likely find many additional requests come up. Be sure you understand your rights to others medical information and who has a right to yours.