Below is a sample letter requesting medical records for a hospital in a personal injury accident claim.
Below we also talk a little bit about the challenges in collecting medical records from doctors. You can learn how to obtain your client’s medical records quickly and cheaply here.
May 14, 2021
Suburban Hospital
8600 Old Georgetown Road
Bethesda, Maryland 20814
ATTN: MEDICAL RECORDS
Our Client: Brian Sequoia
SS No.: 393-29-5763
Date of Birth: March 15, 1977
Date of Accident: April 23, 2021
Date(s) of Service: April 23-28, 2021
Dear Sir or Madam:
My law firm represents Brian Sequoia in connection with injuries he suffered in a motor vehicle crash on April 23, 2021. It is our understanding that our client was seen at your facility for these injuries. He was admitted for two days, suffering from broken ribs, a broken femur, and a closed head injury.
Pursuant to the enclosed HIPAA compliant medical authorization, please provide the undersigned with copies of all records, reports, x-rays and other diagnostic imagery, nurses’ notes, and your prognosis, diagnosis, and treatment plan. Please also send the itemized billing statement for services rendered, including any HICFA forms or UB92 forms.
As you know, Maryland’s Annotated Code, Health General Title, §4-309 requires that you produce these records within twenty-one (21) working days of this request. We would greatly appreciate getting these records as soon as possible.
*Practice Tips*
Make sure you submit a separate request for the medical bills. Most hospitals have different departments for records and bills. Also, make sure you appreciate who all of the health care providers are. Many lawyers assume that going to the ER is one bill. Often it generates 3 or even more bills from different providers within the hospital.
If your efforts fail, as they often do, you need to send a stronger worded letter.
At the time of this writing, we believe our client is no longer receiving medical care from you. If I am wrong about this or Mr. Sequoia has since gone back for further treatment, please contact us so we may discuss sending all of the records at the conclusion of his treatment.
If possible, please fax the records and/or bills to my attention at 410-760-8922. You can also call me at 410-779-4600 if you have any questions or concerns.
If this request has not been sent to the proper custodian, please let us know where we should send the request. Thank you for your time and assistance.
Very truly yours,
Kelli Bowie
Legal Assistant to Laura G. Zois
Enclosure: HIPAA
How to Get the Medical Records from Doctors and Hospitals
To be sure, it is one of the most challenging things we do administratively. We have clients that have a large number of medical providers and it just takes a struggle with one to upset the apple cart. You need to stay persistent and continue to call and send your medical records request letter until you get the documents you are legally entitled to receive.
You also have to walk a balancing test when you that regard. You cannot alienate the office of the doctor who is going to be the testifying treating doctor in your case.
So you really have to use your judgment in how you approach health care providers who just cannot be bothered to jump on your request for records. Because how you request medical records can have a real impact on the speed at which those documents are delivered.
In some cases, you need a stronger letter if you don’t have these concerns. This is the letter we use when the sweet call and correspondence fail and this is not a provider you will need help with down the road in the litigation.
If you are a lawyer or paralegal, you need to keep in mind that your client does not understand why it takes so long to get these medical records and the delicate balance in pushing the providers versus the fear of alienating them when you need their help down the road in the case.
Our firm documents every call and every letter to healthcare providers. So if the client is frustrated because we have not gotten the record, it is good to be able to show quick documentation of all of the efforts you have made.
It is also sometimes worthwhile to tell the client that if speed it what they desire, getting medical records is probably the only thing the victim can do faster than the attorneys because the doctors are far more likely to cooperate with the victim who is their patient than the law firm seeking the records.
Related Articles and Samples
- Return to Sample Attorney Letters
- Sample HIPAA Authorization
- Defendant’s Ex Parte Conversations with Doctors
- Getting Records: Every Hospital Can Be Different
- Demand Letter: how to ask for money from the insurance company
- Fraud in Medical Billing: how to make a claim
- What Is the Value of My Personal Injury Case? (how lawyers and juries determine value)