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First Steps After An Injury: Seeking Medical Record Evidence

For many victims of medical malpractice, the first days and weeks after an injury are often the most emotionally overwhelming. On top of the physical and mental toll that an injury takes on any of us, malpractice victims must consider whether their situation is the result of negligent or wrongful mistakes on the part of a doctor.

One of the first steps that victims will need to take to start determining their legal options is perhaps one of the most daunting: demanding the medical records that can prove a mistake occurred.

Fortunately, federal law gives patients (including the parents of minor children in the case of a birth injury) a right to access medical records. A law commonly known as HIPAA requires doctors to provide patients medical records, doctor notes, and laboratory or test results. 

While patients are entitled to this information, actually getting hospitals to comply with the law when they know a mistake happened can be more difficult. A medical malpractice lawyer can help victims move forward with this process.

Source: News Medical, "Birth injury attorney offers advice about obtaining medical records following the birth of a child," June 15, 2013

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