The Short Answer:
To get your medical records after you’ve been injured in an accident, start by making a list of all the healthcare providers who treated you. Contact each provider to learn their process for releasing records, then submit a written request or signed authorization form along with proof of your identity. Be sure to authorize the release of only the records related to your injury, not unrelated medical history. Once your requests are sent, follow up to confirm receipt and track the progress. A Maine personal injury lawyer can manage this process for you, helping ensure your records are complete, accurate, and ready to support your claim.
Key Takeaways
- Medical records are valuable evidence in any personal injury claim because they help prove your injuries, treatment, and recovery timeline.
- You have the legal right to access your own medical records under both HIPAA and Maine law.
- Follow the proper steps when submitting a request, including verifying your identity and authorizing only accident-related records to protect your privacy.
- Act quickly and track responses, as healthcare providers generally have 30 days to respond to a records request under federal law.
- Working with a personal injury lawyer can make the process faster, more accurate, and less stressful, while ensuring your records fully support your claim.
Table of Contents
Why Medical Records Matter in a Personal Injury Case
Medical records are some of the most important pieces of evidence in a personal injury claim. They help show exactly what happened to you and how the accident affected your health. These records:
- Prove your injury exists by providing details like doctor’s notes, diagnoses, test results, and imaging reports.
- Show the cause of your injury by connecting it directly to the accident rather than a preexisting condition.
- Support your damages by outlining the treatments you received, your recovery needs, and the medical costs involved.
- Help counter defense arguments by showing a clear and consistent record of your symptoms and medical care.
- Strengthen your case strategy by giving your attorney the evidence needed for settlement talks or trial.
Without strong, well-documented medical records, your personal injury claim can be harder to prove and easier for the defense to challenge.
Patients’ Right to Medical Records Under HIPAA
You have a legal right to access your own medical records. Both federal and Maine laws protect a patient’s right to medical records, giving you control over your personal health information.
Under the Health Insurance Portability and Accountability Act (HIPAA), you have the right to:
- Access and review your medical records from any doctor, hospital, or healthcare provider that has treated you.
- Request copies of your medical records in paper, electronic, or digital format.
- Request corrections if you find inaccurate or incomplete information in your file.
- Know who has viewed or shared your records for purposes such as billing, treatment, or legal use.
Healthcare providers must respond to your request within 30 days under HIPAA rules, though they can extend the timeline if they provide a written explanation. They may charge a reasonable, cost-based fee for copying or mailing the records.
Your Right to Medical Records Under Maine Law
In Maine, your right to medical records is also protected by Title 22 M.R.S. §1711-C, which requires healthcare providers to maintain the confidentiality of your health information and release it only with your written authorization or as otherwise permitted by law. This means you—not your doctor, insurance company, or lawyer—ultimately control who can see your private medical information.
If a provider denies access, they must give a valid reason in writing. You can then request a review or appeal through another healthcare professional.
How to Request Medical Records (8 Steps)
Below is a step-by-step guide on how to request medical records for a personal injury case in Maine:
1. List All Providers & Facilities
Start by making a full list of every hospital, clinic, doctor, physical therapist or other healthcare provider connected to your accident. This helps avoid missing records that the defense might later demand.
2. Contact Each Provider
Reach out to each healthcare provider and ask whether they require a specific medical records request form or authorization, their fee schedule, acceptable forms of delivery, and mailing or fax address.
3. Complete the Request Forms
Fill out the medical records request form or authorization for each provider. Make sure your request includes:
- Your name, date of birth, and contact info
- The provider/facility name and address
- The dates of treatment or service
- A clear description of the injury or claim
- Signature and date
- Who to send the records to
Under Maine law, a written authorization must include the name of the person releasing, the name of the person receiving the information, the nature of the information, the purpose, and the duration.
Important: Only authorize the release of medical records that are directly related to your injury. Avoid giving permission for unrelated health information to be shared.
4. Provide Identity Verification
Many providers will ask for a photo ID (driver’s license, passport, etc.) or other verification to ensure they are releasing records to the correct person. You may also need to verify your relationship if you’re requesting records on behalf of someone else, such as a child or an incapacitated adult. Always confirm what forms of identification the provider accepts before submitting your request to avoid delays.
5. Submit the Request & Keep Records
Send the request and keep a copy for yourself. Mark your calendar with the date you sent it. It’s also a good idea to note the contact information of the person or department handling your request so you can follow up easily if you don’t receive a response within the expected time frame.
6. Follow Up & Track Response Times
Under HIPAA, a provider generally must fulfill the request within 30 days, with an allowable extension of 30 days under certain circumstances.
7. Receive, Review, & Organize Your Records
When you get the records, check:
- Are they complete for the dates you asked?
- Are there missing imaging discs or reports?
- Are any pages illegible or redacted?
- Does anything seem contradictory or unclear?
If something is missing or redacted improperly, you can request corrections, challenge the redaction, or seek review. Maine law states that if a provider denies a request, they must state why and may require a second reviewer.
8. Escalate If Delayed or Denied
If the provider misses deadlines, denies your request without valid reason, or withholds records without explanation, possible next steps include:
- Submitting a written appeal
- Asking for a review by a different provider under HIPAA
- Having your attorney send a formal demand
- Using litigation tools (discovery requests, subpoenas) once a lawsuit or claim is filed
How a Lawyer Can Help You Obtain Your Medical Records
While you have the right to request your own medical records, the process can be time-consuming and complicated, especially when you’re recovering from an injury. A personal injury lawyer can make this process smoother and help ensure nothing important is missed.
Here’s how an attorney can help:
- Handle all record requests for you. Your lawyer can identify every provider involved in your care and send proper medical record requests on your behalf, ensuring each one meets HIPAA and Maine legal requirements.
- Prevent delays or denials. Attorneys know how to follow up with hospitals and clinics that miss deadlines or refuse to release certain information. They can escalate the request legally if necessary.
- Limit overbroad record releases. Insurance companies often ask for access to your full medical history. A lawyer makes sure only records relevant to your injury are released to protect your privacy.
- Ensure records are complete and organized. Lawyers and their legal teams review all medical files to confirm that every test result, treatment note, and billing record is included and properly dated.
- Use the records to strengthen your case. Medical documentation is the foundation of proving your injuries, damages, and need for ongoing care. An experienced attorney can analyze your records, work with medical experts, and use them effectively in negotiations or at trial.
At Lowry Law, we can take care of the entire record-gathering process so our clients can focus on their recovery. We know how to navigate Maine’s healthcare systems and HIPAA rules to get the documentation needed for the strongest possible personal injury claim.
FAQs About Medical Records Requests
When you submit a request for medical records, you should aim to collect:
- Emergency / ambulance / paramedic reports
- ER department records, triage notes, discharge summaries
- Hospital admission / discharge records
- Physician / specialist notes (orthopedics, neurology, pain management)
- Imaging reports (X-rays, MRIs, CT scans) and original films or discs
- Laboratory / pathology reports
- Physical therapy / rehabilitation / chiropractic notes
- Prescription history / medication logs
- Billing records, itemized statements, insurance claims, EOBs
- Mental health or counseling records if related to the accident
Also make sure to get any progress notes, follow-up visits, or ongoing care that stems from the accident. Those are often key in showing your continuing need.
Generally, you have the legal right to request your own medical records at any time. However, there are a few additional situations where others may also have access with proper authorization:
- Parents or legal guardians may request records for their minor children.
- Authorized representatives (such as someone with power of attorney or a legal guardian) can access records for an incapacitated adult.
- Attorneys may request records on your behalf if you sign a HIPAA authorization form allowing them to do so.
- Personal representatives of an estate can access a deceased person’s records if permitted under Maine law.
Healthcare providers must confirm the identity and authority of anyone making a request before releasing medical information.
A qualified attorney knows how to use medical records to build the strongest possible claim.
- Attorneys can evaluate liability and damages using objective medical documentation.
- They can identify gaps or inconsistencies in medical records to challenge the defense.
- They can handle subpoenas and discovery efficiently.
- They can help ensure complete record sets are collected.
- They help negotiate with providers to reduce fees or expedite delivery.
At Lowry Law, we have experience navigating Maine’s statutes and HIPAA rules. We can handle the record retrieval for you, making sure your requests are legally compliant, properly formatted, and strategically focused on the evidence your claim needs.
The cost of obtaining medical records can vary depending on the provider, the number of pages, and how the records are delivered. Most healthcare providers are allowed to charge a reasonable, cost-based fee to cover the expense of copying, mailing, or preparing electronic files. Under HIPAA, providers cannot charge extra for searching for or retrieving the records — only for the actual labor, supplies, and postage.
If you request your records through an online patient portal, you may be able to download them for free. However, large or complex record requests, such as full hospital stays or imaging files, may include modest fees. Your attorney can help ensure that any fees are fair and that your requests comply with both federal and Maine law.
You typically submit a hospital’s medical records request form (or use their authorization), specify your injury or accident dates, provide ID, and request the format you want. If delayed, your attorney can intervene.
You go to the provider or facility itself (hospital, clinic, imaging center). Ask their health records or medical records department, as they handle all record requests. Many facilities also offer online forms or patient portals where you can submit your request electronically. If you’re unsure where to start, call the provider’s main number and ask to be connected to the records department.
Many providers now offer patient portals (e.g. MyChart). You can often view and download certain records (lab results, visit summaries) without formal request. But not all systems include imaging, full notes, or older records. Always check with the provider.
If available, using your patient portal is often the quickest, free way. Otherwise, preparing an accurate, properly formatted authorization and request is the most straightforward.
From your attorney’s side, once they prepare and submit requests, it depends on each provider’s turnaround. Some providers respond within days, while others may take weeks. If delayed or resisted, attorney escalation (appeals or subpoenas) may add time. Unfortunately, many medical providers are chronically understaffed and they put very low priority on their medical records departments. They may delay and delay despite many follow up requests. A good lawyer will continue to pressure medical providers to provide the necessary medical records.
Insurance companies often ask for access to extensive medical history, but they’re only entitled to records that are relevant to your injury claim. It’s important to protect your privacy while still providing what’s necessary for your case. If an insurer’s request is too broad, your attorney can step in to narrow the scope or ask the court to limit the disclosure to information directly related to your accident.
Turn to Lowry Law for Help Getting Your Medical Records After an Injury
The process of getting your medical records after an accident can feel overwhelming, especially when you’re trying to focus on healing. That’s where Lowry Law can make a difference. Our Maine personal injury attorneys can handle every detail of the medical records process, from identifying the right providers and submitting HIPAA-compliant requests to reviewing your records for accuracy and relevance.
When you work with our firm, you’ll benefit from:
- Less stress and fewer delays: We take care of the paperwork and follow-ups so you can focus on recovery.
- Stronger evidence for your claim: Our team helps ensure your records fully support your case and prove the extent of your injuries.
- Protection of your privacy: We make sure only accident-related medical information is shared, keeping your personal health details confidential.
- Experienced legal guidance: We know Maine’s laws and how to use medical documentation effectively to maximize your potential compensation.
If you’ve been injured in Maine and need help understanding how to get your medical records, our trusted team is ready to help. Contact Lowry Law today for a free consultation, and let us handle the legal details while you focus on getting better.
