How to Obtain Medical Records to Investigate Nursing Mistakes
If you suspect that a nursing error caused harm to you or a loved one, one of the most important steps in pursuing legal action is obtaining the relevant medical records. These records are critical to understanding what happened, identifying whether a mistake occurred, and determining who may be held accountable. At The Spizman Firm, our Atlanta Personal Injury Attorneys help clients across Georgia navigate this complex process to uncover the truth behind potential medical negligence.
Why Medical Records Matter in Nursing Error Cases
Nursing mistakes can include medication errors, failure to monitor a patient’s condition, charting mistakes, improper wound care, or failure to follow a doctor’s orders. Proving such negligence often requires a detailed review of medical records, including:
- Nurse’s notes and shift reports
- Medication administration records
- Vital sign logs
- Physician orders
- Lab results
- Incident or adverse event reports
- Discharge summaries
These documents provide a timeline of care and may reveal inconsistencies, omissions, or deviations from standard medical procedures.
Who Can Request Medical Records?
Under the Health Insurance Portability and Accountability Act (HIPAA), patients have the legal right to access their own medical records. If the injured party is unable to request the records themselves—due to incapacitation, death, or age (in the case of a minor)—a legal representative, parent, or guardian may request the records on their behalf.
How to Request Medical Records in Georgia
To obtain medical records in Georgia, follow these steps:
- Identify the Medical Provider or Facility
This may be a hospital, clinic, nursing home, or private physician’s office where the care was provided. - Submit a Written Request
Most healthcare facilities require a formal, written request or a completed release form. Be specific about the records you want, including dates of treatment and types of documents (e.g., nurse’s notes, medication logs). - Provide Authorization
The request must include a signed HIPAA-compliant authorization form. This form should include the patient’s name, date of birth, the name of the provider, and a statement authorizing the release of records. - Pay Applicable Fees
Providers may charge a reasonable fee for copying and mailing the records, but fees should not be excessive. - Follow Up
Providers must comply with the request within 30 days. If they need more time, they must notify you in writing and explain the delay.
What If the Provider Refuses to Release Records?
If a healthcare provider wrongfully refuses to release records, you may file a complaint with the Office for Civil Rights (OCR) or seek legal assistance. An attorney can also issue a subpoena if litigation is pending or likely.
We Can Help Uncover the Truth
At The Spizman Firm, we understand how overwhelming it can be to investigate medical negligence, especially when it involves vulnerable patients and trusted professionals. If you believe a nursing error caused serious harm, we’ll help you gather the records, consult medical experts, and take legal action if necessary. We proudly serve clients across Georgia, including Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek, and Sandy Springs. Contact us today for a free consultation.
