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Obtaining Access to Medical Records

Medical records are crucial to any medical malpractice or nursing home abuse cases because the proof of negligence is often contained within them. In addition, severe and substantial injuries as a result of car and truck accidents are also documented in those records.

West Virginia law allows a person to possess access to their own medical records. If a request is made in a proper manner and the fee is paid, a healthcare provider does not have the authority to deny an individual’s access to their own records. However, if a healthcare provider refuses to comply with a proper request, the law permits a patient to seek access through the court system.

It is important to understand that the ability to request records not only extends to the patient, but to any duly authorized representative, such as a medical malpractice attorney. In cases where a patient suffers a wrongful death, a duly appointed representative of the decedent’s estate is allowed access to medical records.

Have Our Experienced Legal Team Help You

Yet, just because a healthcare provider hands over the medical records doesn’t mean they actually turned over everything. Fortunately, our Charleston personal injury lawyers at Berthold Law Firm know exactly what needs to be found. Whether there are missing lab results or nurses’ notes, we have the ability to seek out additional or supplemental records that were not supplied on the initial request.

If you have suffered an injury due to the negligent actions of a healthcare provider under their care, contact Berthold Law Firm and schedule a free consultation with our Charleston medical malpractice lawyer today.