Why Medical Records Are Critical
Medical records serve two essential functions in mass tort cases: they document the injury or condition you are claiming (diagnosis, treatment, prognosis) and they establish the timeline — when symptoms began, when the diagnosis was made, and how the condition has progressed. Without medical records, it is very difficult to establish what happened to you and when.
Types of Records You Need
For toxic exposure cases (ethylene oxide, etc.): diagnosis records (pathology reports, imaging, biopsy results), all treatment records (oncology, surgery, radiation, chemotherapy), records from every treating physician, pharmacy records, and records from any specialists consulted. For gaming addiction cases: psychiatric and psychological evaluations, therapy notes, school records, and any medical treatment connected to gaming behavior. For institutional abuse cases: mental health treatment records, any medical records from the time of abuse, and therapy records showing the lasting impact.
How to Request Your Records
You have a legal right to your medical records under HIPAA. To request records: submit a written request to each healthcare provider's medical records department, include your name, date of birth, Social Security number (last four), and the dates of service you need, specify whether you want paper copies or electronic records, and ask for "all records" including progress notes, lab results, imaging reports, and correspondence. Providers may charge a per-page fee, but many states cap these fees.
Organizing Your Records
Once you have your records, organize them chronologically. Create separate folders for: diagnosis records, treatment records, specialist records, billing records, and correspondence. Your attorney will need a complete and organized set of records to evaluate your claim and develop a damages calculation. Missing records can be requested from providers even years after treatment.
What If Records Are Unavailable?
If a provider has closed or records have been purged, other sources may be available: hospital discharge summaries maintained by state health departments, insurance company claims records, pharmacy records (typically retained for 10 years), and Social Security disability records for conditions that required disability claims. Your attorney has experience locating records from non-standard sources.