Medical malpractice involves a failure to follow current standards or clear professional negligence. Those affected by medical malpractice may take legal action by filing a lawsuit. They can request compensation for increased medical expenses, lost wages and other economic consequences triggered by the malpractice they experience. Another medical professional can often help assess the situation to determine if it meets the necessary standard for a malpractice lawsuit.
Patients questioning the conduct of their care providers may need to obtain medical records before they take any other steps.
The law protects record access
The Health Insurance Portability and Accountability Act (HIPAA) prevents those with access to private medical information from sharing that information without the consent of the patient. It also reinforces the right of patients to access their medical records as necessary.
Patients should receive their full medical records either digitally or in print upon submitting a request. In some cases, they may need to pay for the digital device used to store the records or the cost of printing the paperwork.
Medical providers should not redact details or refuse to provide records simply because something negative occurred during the patient’s treatment. After securing the records, it is then possible to review the information for accuracy. A professional review can help determine if another health care professional could have made better choices regarding the testing or treatment of the patient in question.
If medical errors led to a poor outcome, the affected patient or their surviving family members may be able to pursue a medical malpractice lawsuit. Securing copies of medical records can be an important step for those seeking justice when physicians do not fulfill their duty of care to patients.