How To Obtain Medical Records From A Nursing Home (Why They Are Important)
Obtaining medical records from nursing homes is not always a simple process. Nursing facilities may hesitate to provide documents that could serve as one of the most important pieces of evidence in a lawsuit against them in the future. And while most medical records are in electronic format, it is still challenging to request printed copies from a nursing home.
Moreover, family members’ medical records are governed by the Health Insurance Portability and Accountability Act (HIPAA) laws that provide data privacy and security of medical information.
If you're having trouble securing the medical records of a loved one from a particular facility, speak with a personal injury attorney at Rosenfeld Injury Lawyers, LLC who can provide the legal representation.
Call our Chicago nursing home abuse lawyers at (888) 424-5757 (toll-free phone call) to schedule a free consultation. All confidential or sensitive information you share with our law firm remains private through an attorney-client relationship.
A Nursing Facility Cannot Refuse a Request for Medical Records
In most cases, patients and their representatives may encounter delays with the requested record of their loved ones. Nursing homes may often require the approval of a particular person or entity before releasing medical details to the requesting party.
Nursing homes can face the consequences of refusing to issue or not promptly release the records. However, residents and their representatives may still need to pressure them to comply. Therefore, knowing one’s legal rights and whom to contact to access the medical records of a family member is crucial.
Must Provide Medical Records
Nursing facilities and healthcare professionals must give medical records to a resident according to the law. A family member or legal representative may also have the right to get a copy of the record in written or electronic form.
However, it is often difficult to obtain medical records, and a personal representative may need to comply with requirements set under the HIPAA.
Contact our attorneys for immediate legal advice if you are concerned about obtaining a loved one's medical records.
Both Federal Regulation and State Laws Impact How to Obtain Medical Records
Sometimes, family members, like a surviving spouse, feel that medical and other health information is personal and should be kept confidential even after death. Hence, the federal regulations on privacy grant rights over one’s health information and establishes restrictions on who can receive it.
The federal HIPAA Privacy Rule helps enforce standards in accessing medical records. The Privacy Rule provides patients with rights over their health records and limits who can request and receive an individual’s medical record.
Therefore, a representative can only access a loved one’s medical records after complying with federal and state law requirements.
Importance of Nursing Facility Records in Litigation
If you or a loved one has been mistreated or neglected in a nursing home, you may be wondering how to prove it. One of the steps to prove nursing home abuse or neglect is the residents’ medical records.
These records could serve as objective proof of the services and treatment provided to a nursing home resident and might be used as a foundation for medical malpractice lawsuits.
Securing Nursing Home Records FAQs
Our personal injury law firm understands many families have unanswered questions when obtaining records from a nursing home in obtaining medical records for a loved one. A lawyer from our law offices is answered some of those questions below.
What You Can Do If a Nursing Home Denied Access to Medical Records: Talk With Our Law Office Today
It can be challenging to obtain nursing home patients’ records from a nursing facility even after the correct process and procedures. The surviving spouses and children of a patient have the right to obtain medical records after complying with specific guidelines set forth by law.
Nursing home attorneys can assist with this procedure by writing letters and filling out the power of attorney forms. Nursing homes might be likely to approve a request to obtain medical records when they receive a letter from an attorney threatening to take legal action if the medical records are not released.
The skilled nursing home attorneys at Rosenfeld Injruy Lawyers, LLC have been helping families in lawsuits involving nursing home neglect.
Contact a Personal Injury Lawyer Today to Resolve Nursing Home Negligence Issues
If you have concerns about a loved one in a nursing home, call a Chicago nursing home lawyer at (888) 424-5757 (toll-free phone number) or use the contact form for immediate legal advice and schedule a free consultation.
All confidential or sensitive information you share with our legal team remains private through an attorney-client relationship.
Please do not include any confidential information in a contact form, text message, or voicemail.