When proving a doctor negligent in a medical malpractice case, there is a lot of information that needs to be present. In medical malpractice, it must be proven that there was something the doctor did that negatively affected their patient that another doctor in the same position would not have done. One of the strongest documents that can affect a medical malpractice case is the patient's medical records.

Accessing Medical Records Is a Legal Right

Medical records are especially helpful when suing a doctor based on illness, disease, or injury that was either being treated by the doctor or occurred under their care. The medical record will provide detailed documentation of what care was provided to you and by whom. However, most people do not simply have their medical records laying around their home. Under federal law, patients have the right to access nearly all of their medical information when requested.

If a patient is seeking to gain access to their medical records, they should:

1. Develop a list of all the health care providers they seek information from
2. Write a medical release authorizing the documents to be given to the patient
3. Specify when the documents should be received by so the medical provider has time to compile records
4. Find out how much accessing the records will cost from each office
5. On the date the medical records should be ready, go in with the medical release and a check for the documents

If there seems to be documents missing or incomplete from the medical record, question the medical provider about the missing information. If they do not comply, then there are some options that can be taken to access this information. First, the Office of Civil Rights at the Department of Health and Human Services can be contacted and informed about the missing documents. Second, filing a complaint with the state medical board might be worthwhile if the documents are for a medical malpractice lawsuit. Finally, get a medical malpractice lawyer to help encourage the medical provider to release the important documentation.

Once these medical records have been provided, a medical malpractice lawsuit can move forward. An attorney will examine this information to see where a medical provider failed to uphold the proper standard of care to their patient. A lawsuit will be brought against the medical provider based on the information found in these records.