Retrieving medical records for legal matters can be tricky—unless you know exactly what to request, you could end up with a scattered pile of partial files excerpted according to the convenience and varying default processes of multiple providers.
Before you submit a records request, you need to understand what types of medical records will be available and how to obtain them.
Common Types of Medical Records
Notes, reports, results—there are multiple terms and types of medical records to retrieve and wade through. The most common include the following.
Patient History and Physical Examination Records
Most often from health care clinics, patient medical history may extend over years to track medical care such as:
Annual physical exams, often including lab results and conclusions
Vaccinations
Medication prescription and monitoring
Treatment for mild injuries and illnesses
Chronic condition monitoring
Care coordination and referrals to specialists or higher levels of care
Follow-up treatment and monitoring of issues that required ER visits or hospitalization
There may be multiple tracks of patient records, with some intended for internal reference and some for patients’ viewing, as well as layers of original health information and associated summaries.
Diagnostic Test Results and Lab Reports
When patients report incidents or symptoms that require more investigation than a simple conversation—or if they’re in for a routine physical—testing is typically part of the diagnostic process. This can include:
Basic metabolic panels (BMPs) and other blood testing
Urine or fecal screenings
Cultures and biopsies
Chromosomal analyses
Colonoscopies, colposcopies, endoscopies, and other scoping procedures
Electrocardiograms
Vision, hearing, and dental exam testing
These records may include original, complete test results, medical images, documentation from technicians, specialist analysis, and notes, reports, or summaries curated for delivery to patients.
Treatment and Procedure Notes
Medical care that involves a significant event requires a dedicated record. This is particularly true for physically intrusive procedures, such as surgery. These documents will generally include:
The medical diagnosis and care leading to the procedure
Procedure name(s) consistent with billing code naming
Description of the procedure or procedures, including the type of anesthesia used
Patient allergies or other medical conditions that may be relevant to the process
Medical team names and roles (e.g., surgeon, anesthesiologist, nurses)
Patient’s position during the procedure
Additionally, these treatment records should contain:
Any events or complications that arose and how they were addressed
The steps taken during the procedure and any variance from standard procedures
The tools and equipment used during the procedure and any malfunctions thereof
Prescription and Medication Records
Medical records specific to medications should be retrieved from the point of prescription forward. Include:
Healthcare professional notes and reports leading to and resulting in medication prescription
Pharmacy records of prescription fulfillment and dispensal
Follow-up tests or monitoring of efficacy and side effects
Narrative of trials and changes in medication type, brand, or dosage
Imaging and Radiology Reports
Imaging and radiology tests are diagnostic tests that are often repeated over time to track the presence or progress of fractures, cancers, heart disease, and other conditions.
Types of testing include:
X-rays
CT scans
PET scans
MRIs
Ultrasounds
The reports are generally authored by radiologists and include1:
Comparisons to past imaging reports
Technique, including the use of contrast
Findings with anatomic descriptions and whether they’re normal or abnormal
Medical expert assessment, including:
Concise summary of the findings
Interpretations related to clinical correlation
A presumptive or differential diagnosis
Treatment or additional testing recommendations
Discharge Summaries and Follow-Up Care Plans
Following procedures, inpatient stays, or treatment changes, patients typically receive a packet of medical documentation that covers two areas. These are:
Discharge summaries that detail the procedure or medical treatment the patient has undergone
Care plans that provide instructions, recommendations, and resources
Care plans can range from a one-page flier handed out with an annual flu vaccine to a hefty packet of medical information that includes:
Immediate needs such as rest, wound care, medications, and diet
Red-flag symptoms that require an ER visit or other immediate attention
Time frames for recovery stages, from the hours following release to months ahead
Limitations on activities, movements, and intake
Follow-up appointments and referrals
Recommended services such as physical therapy
How to Properly Retrieve and Access Medical Records
The process of accessing medical records for evidence depends on whether your law firm is representing or opposing the patient. In short, you’ll need to:
Obtain consent or court orders.
Identify providers and facilities.
Submit official requests to medical record departments.
Medical Records Retrieval Works Best with an Expert Partner
Getting the right results for medical evidence in court proceedings starts with understanding what’s available and how to clearly communicate retrieval requests.
Get a head start by partnering with U.S. Legal Support. Our medical record retrieval is HIPAA-compliant, with documents delivered through a secure Client Portal. We also offer health record organization, summary, and analysis, along with other litigation support and consulting services, including trial support.
Reach out today to discuss your medical records and other legal support needs.
Julie Shepherd is the Senior Vice President of Marketing & Sales Operations at U.S. Legal Support where she leads innovative marketing initiatives. With a proven track record in the legal industry, Julie previously served at Abacus Data Systems (now Caret Legal) where she played a pivotal role in providing cutting-edge technology platforms and services to legal professionals nationwide.
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Content published on the U.S. Legal Support blog is reviewed by professionals in the legal and litigation support services field to help ensure accurate information. The information provided in this blog is for informational purposes only and should not be construed as legal advice for attorneys or clients.