What to Do If You Can’t Afford to Get Your Medical Records to Prove Nursing Mistakes
If you suspect that a nursing error caused you harm—or worsen your condition—you may be entitled to file a medical malpractice claim. But building that case starts with one essential step: obtaining your medical records. These documents serve as the foundation for proving negligence, tracking care decisions, and showing how your injury unfolded. Unfortunately, many patients in Georgia are shocked to learn that accessing these records can come with steep fees. So, what happens if you can’t afford to get them?
Here’s what you need to know about your rights, your options, and how to get the records you need to hold negligent healthcare providers accountable. At The Spizman Firm, our Atlanta Personal Injury Attorneys are here for you.
You Have the Right to Access Your Medical Records
Under the Health Insurance Portability and Accountability Act (HIPAA), patients have a legal right to request and receive copies of their medical records from any healthcare provider, including hospitals, clinics, and individual nurses. Georgia law reinforces this right and allows providers to charge “reasonable” fees for copying and administrative costs.
As of 2024, Georgia law generally allows providers to charge:
- A base fee (e.g., $25 for search, retrieval, and certification)
- Per-page copying costs (often $0.50–$0.75 per page)
- Additional fees for electronic access or expedited processing
When records are hundreds of pages long—as they often are in malpractice cases—these costs can become prohibitive.
What If You Can’t Afford the Costs?
If you are struggling to pay for your records, you still have several options:
- Ask for an Itemized Estimate Upfront
Before you commit to payment, ask the medical provider for a written estimate. This can help you understand whether there are less expensive formats available (such as digital copies). - Request a Waiver or Reduced Fee
Some healthcare providers may waive or reduce fees if you explain your financial situation and how the records are needed for a legal or medical purpose. - Use an Attorney to Request the Records
When you work with an attorney, they can request the records on your behalf and often negotiate lower fees or arrange to pay them once your case settles. This can be a game-changer if you’re short on funds. - Contact Legal Aid or Nonprofit Organizations
If you do not yet have a lawyer and can’t afford one, you may be eligible for assistance from a legal aid clinic or nonprofit that handles medical negligence or patient rights cases.
Why Legal Help Matters
Nursing mistakes—such as medication errors, failure to monitor, or improper wound care—can cause lasting harm. But without medical records, proving your claim becomes nearly impossible. A skilled attorney can not only help you access those records but also work with medical experts to analyze them and build a compelling case on your behalf.
At The Spizman Firm, we help injured clients throughout Georgia seek justice, even when financial barriers stand in the way. We proudly serve Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek, and Sandy Springs. If you suspect a nursing error has harmed you or a loved one, contact us today to learn your rights and take the first step toward recovery.
