Uncategorized | February 20, 2024

How Can a Patient Obtain Their Medical Records?

Medical records are comprehensive documents detailing a patient’s medical history, diagnoses, treatments, and other relevant information. In medical malpractice cases, these records can serve as crucial evidence to support a patient’s claim. Yet, many patients are often uncertain about how to access these vital documents.

This article offers insights into the legal rights and practical steps patients can take to obtain their medical records, ultimately aiding them in building a compelling case against potential medical malpractice.

Medical Records as Confidential Documents

Medical records are inherently confidential, and patients have exclusive access rights. Canada has robust privacy laws that protect individuals’ health information. Patients, parents, guardians, or representatives receive access.

The Role of Medical Records in Birth Injury Claims

Given the unique circumstances surrounding childbirth, medical records play a pivotal role in understanding the events leading to and during the birth process.

From prenatal care to labour, delivery, and postnatal care, these documents detail an account of the events. Together, they contribute to a comprehensive case by offering objective evidence of the events leading to the birth injury.

Critical Information in Medical Records

Medical records extend beyond handwritten notes and consultation reports. Diagnostic imaging, fetal heart monitoring records, and pathology slides are integral components, often crucial in investigating medical malpractice claims. It’s imperative to recognize that a child born under medical care will possess a separate medical record from the mother.

Obtaining Medical Records: A Step-by-Step Guide for Patients

Here’s a general guide to help you obtain medical records for a potential medical malpractice claim:

Identify the Healthcare Provider

Determine which healthcare provider or facility has the relevant medical records. It could include hospitals, clinics, obstetricians, midwives, or other healthcare professionals involved in prenatal care, labour, and delivery.

Initiate the Request

Patients or their legal representatives must provide written authorization and consent to obtain medical records. Your lawyer can help you draft the necessary documents. Write a formal request for medical records, including the specific time or incidents you are interested in.

Address the request to the custodian of records at the healthcare institution. You may need to use a specific form provided by the institution or your lawyer.

Understand Privacy Laws

Familiarize yourself with federal and provincial privacy laws, like the Personal Information Protection and Electronic Documents Act (PIPEDA), and the national or provincial health information protection legislation. Ensure that your request complies with these laws.

Pay Any Required Fees

Securing a copy of your medical records is not without a financial implication. Charges vary among providers, and opting for electronic records to mitigate additional costs is advisable. Customers can send concerns about charges through a complaint to the Information and Privacy Commissioner of Ontario (IPC).

Legal Proceedings

Once you receive the medical records, carefully review them with your lawyer. Based on their advice and the information in the medical records, decide whether to proceed with filing a medical malpractice claim. Your lawyer will guide you through the legal process, including serving notice to the defendant and filing necessary court documents.

Accessing Medical Records for Children

In cases involving minors, specific individuals, including parents and legal guardians, are authorized to request medical records under PHIPA. Understanding these nuances is crucial when pursuing claims related to children.

Patients aged 14 or older have the fundamental right to access their medical records. They also possess the authority to authorize or deny access to others. It marks a crucial age where minors can independently decide about their healthcare and limit parental access to their medical history.

How Long Are Medical Records Retained?

Medical professionals must follow provincial or territorial laws on retaining clinical records. The CMPA advises keeping medical records for at least ten years (16 years in British Columbia) from the last entry or, for minors, ten years (16 years in British Columbia) from reaching the age of majority.

It applies to obstetrical care records kept for at least ten years from when the infant reaches or would have reached the age of majority. These retention periods are crucial for legal defence, as medical records are vital evidence in medical-legal issues.

Records for Deceased Persons

When someone dies, their heirs and family can access their medical records with limited information under certain conditions. Heirs, in particular, must substantiate their status with proof and submit a detailed request justifying their need. It might be from reasons like pursuing a medical malpractice lawsuit against a healthcare facility.

Timelines for Obtaining Medical Records

Provincial or territorial laws related to protecting personal health information govern response time. Ontario’s Personal Health Information Protection Act (PHIPA) stipulates the 30-day timeframe.

Seek Legal Assistance If Necessary

Seeking legal assistance is advisable if you encounter challenges getting medical records or believe your request is unduly delayed. A lawyer experienced in medical malpractice can guide you through the process and advocate on your behalf.

Medical Malpractice Case Evaluation

Once the necessary medical records are in hand, a birth injury lawyer conducts an examination, seeking essential information to build a comprehensive case.

Timeline of Events

A chronological record of events in medical records is valuable for assessing the sequence of medical care. This timeline helps determine if there were deviations from standard practices.

Identification of the Circumstances Leading to Medical Care

The birth injury lawyer scrutinizes the records, focusing on specifics that led you under the healthcare provider’s care. It involves understanding the circumstances that initiated the medical care and laying the foundation for the legal evaluation.

Assessment of Harm and Its Extent

Examining the records delves into indications of harm and its extent. The lawyer identifies details highlighting the impact on your well-being, forming a crucial basis for determining the damage’s severity.

Detecting Alterations or Gaps in Records

A critical part of a review involves identifying any signs of tampering, changes, or gaps in the medical records. It includes assessing completeness and ensuring that vital information isn’t missing, providing a comprehensive understanding of your medical history.

Expert Witness Support

Medical negligence lawyers rely on medical records to consult with experts who can analyze the provided care and testify about deviations from the standard of care, causation, and the resulting damages.

Seeking Guidance from a Birth Injury Lawyer at Sommers Roth & Elmaleh

If you or your child has suffered harm or trauma due to medical errors, the seasoned birth injury lawyers at Sommers Roth & Elmaleh are here to guide you through the process. We can obtain your medical records and pursue the justice you deserve.

Our commitment centers around championing the rights of individuals, particularly infants, who have endured birth injuries due to medical or nursing negligence.

Call Sommers Roth & Elmaleh at 1-844-777-7372 for a free consultation, or contact us here.

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Hilt this Tamrate

23 May 2023

Dear Mr Hilik Y. And Jeremy Syrtash. I would like to express my deepest gratitude to you and Sommers Roth and Elmaleh Professional Corporation staff for all you have done with respect to my wife case. My wife was a victim of Medical Malpractice after giving birth to our daughter. She become legally disabled both physically and mentally. The entire family devastated emotionally as my wife struggle to cope with the new reality. The case of Medical Malpractice is quite often a complex case to prove. However, due to your strong commitment, knowledge and dedication combined with strong professionalism the case was successfully won after a long arduous fight. The victory would not have been possible without your dedication and thorough research in the implementation of the standards of the Sommers Roth and Elmaleh Professional Corporation. Justice prevailed at last which in turn allowed my vulnerable wife to feel more optimistic about her future and that of our family. The positive outcome of this case has changed our lives forever. It would not have been possible without the excellent representation of Sommers Roth and Elmaleh Professional Corporation and its legal counsel. My wife and I will be deeply grateful for the successful outcome of this case for many years to come. Solomon Regassa

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4 January 2023

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10 October 2022

We deeply appreciate Sommers Roth & Elmaleh for their professional skills and hard-working through the whole process of my son’s case. I still remember the first conversation we took with Mr. Hilik Y Elmaleh in his lawyer office sixteen years ago. From then on, your dedication, patience, understanding and continuous communications kept our encouragements and expectations for my son and our family. With the case settled down, my son can receive the full financial support, continuous therapies and finishing his university course. It is no doubt to say that Sommers Roth & Elmaleh not only changed our family’s life but also did contributions to the society, because my son can grow in a happy and health way in his teenage and receive university education from this autumn. Again we hereby strongly recommend the services provided by the lawyer office Sommers Roth & Elmaleh to those who needs the similar legal consultation and support. Even the door of your family was closed by some unfortunate events, there are more windows can be opened. The lawyers in Sommers Roth & Elmaleh are exactly the people who can open the windows and convert the sun-shine again to your family: Mr. Hilik Y Elmaleh，Mr.Jeremy Syrtash, Miss Fanny Peter ...etc. Finally, we express the deepest gratitude and appreciation again to Mr. Hilik Y Elmaleh and lawyer office Sommers Roth & Elmaleh. Wish a brighter future of Sommers Roth & Elmaleh !

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6 October 2022

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29 September 2022

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Dianne Keckes

18 July 2022

I would like to take this opportunity to thank our daughter's "Dream Team", Hilik Elmaleh, Jeremy Syrtash and Fanny Peter. The compassion, dedication, knowledge, experience and their recognition in the legal community have ensured us that we were on the right track working with the firm Sommers, Roth and Elmaleh. Words cannot express enough my gratitude! I will be forever grateful!

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6 June 2022

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Arden Melnechuk

1 December 2021

I was in a serious horse accident where the horse was injured and should never have been ridden. The owner of the horse was aware that the horse had chronic arthritis issues and the veterinarians at Guelph had told him the horse could decompensate at any time and could cause serious injury whether being led or ridden and could never be jumped again. The horse had been shown at the grand prix level and the owner had payed quite a bit of money for him. After consulting with several lawyers and having one that did represent me at the discoveries who later quit, Jeremy Syrtash took on the case and followed through with guelph university. That is how we found out that the vets had recommended the above. Without Jeremy's efforts and follow through the case would never have continued on. Because of these efforts the case was successful. Thank you so much Jeremy. You are a dedicated, thorough, excellent lawyer and it's been a pleasure to have you as my lawyer!!

Megha Sharma

16 April 2021

Mr. Elmaleh and his team are very professional and experts in their field. Recommend to everyone who has suffered medical negligence.

Nick & Whitney Maraschiello-Basnett

18 July 2020

We want to start by saying how much we highly recommend Sommers, Roth and Elmaleh for anyone who is dealing with a situation involving medical malpractice. Hilik and the entire firm have allowed us the opportunity to give our little girl the life she deserves. There is no taking back what happened, but they truly turned such a tragedy into a victory. They fought long and hard, and put forth so much time and effort into making the individuals accountable and responsible for the mistakes that were made. They always showed true compassion for our family, guided us with ease, and supported us through every step. This was such a life changing experience with the firm, and honestly we will always be forever grateful and thankful.