How to Get Your Medical Records for a Malpractice Claim

Your right to request and use your own medical records

Your medical records are often the single most important piece of evidence in a possible malpractice claim. Understanding how to request them -- and what to look for -- is one of the first practical steps many people take.

• Submit a written records request to every provider and facility involved, not just the one you suspect made the error
• Ask specifically for the complete chart, including nurses' notes, lab results, imaging, and any addenda or late entries
• Request records promptly -- some facilities have retention schedules, and getting a copy locks in what existed at that time
• Keep a dated copy of your request and any response, including partial or delayed responses
• Consider having an attorney request records on your behalf, since some providers respond more completely to formal legal requests

You generally have a legal right to your own medical records under federal and state law, though providers can charge a reasonable copying fee and may take a number of days to respond. If a request is ignored or records seem incomplete, that alone doesn't prove malpractice, but it's exactly the kind of issue a malpractice attorney can help resolve.

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