Caring and Competent Representation Across New Mexico

Can you get copies of nursing home records?

On Behalf of | May 30, 2023 | Personal Injury

Nursing homes keep medical and financial records on all their residents, and these can be key elements in a case if you’re thinking of pursuing litigation. 

If you suspect your loved one experienced abuse or neglect, you can access and use them as evidence since they will have lots of information on treatments and medications administered. 

But, will the nursing home turn them over? Here is what you need to know. 

You should ask through the proper channels

These facilities have to follow the law, including the Health Insurance Portability and Accounting Act (HIPAA). This means that care facility records can only be accessed by certain authorized parties – but those parties do have a right to what they demand.

Thus, if you are an authorized party – a spouse, child, guardian, health care proxy or attorney of the resident, request these records in writing. After receiving the formal letter, the nursing home should respond and release the records. Failure to do so after a reasonable period can constitute withholding documents, which can lead to legal complications for the facility.

You may need help from a specialist to evaluate what you receive

Medical records can have information that may be challenging to interpret if you are unfamiliar with the field. Therefore, consider getting help from a specialist to obtain an in-depth understanding of your loved ones’ experiences. That can help you decide whether or not you want to pursue a claim for your loved one’s injuries.

Nursing home neglect and abuse are common issues, unfortunately. If you think that your loved one has been victimized, find out more about your legal options.