Know Your Rights To Accessing Your Medical Records in New Jersey
When you’re involved in a lawsuit, your medical records can become key factors. This is particularly true in cases like personal injury suits where you have to track medical treatments and recovery, or malpractice suits where they form the basis of the whole thing. You may, however, also need to get hold of those records when you switch to a new doctor or go to see a specialist.
Many people don’t realize it, but you have every right to get copies of your records under Federal law. Learn what you need to do for obtaining medical records, what your rights are, how HIPAA plays a role, and why hiring a personal injury attorney is a good idea.
Your Rights in Getting Medical Records
The Federal Government has set out a set of laws called HIPAA, or the Health Information Portability and Accountability Act. These laws say that you have the right to obtain copies of your medical records at any time from any provider, with certain exceptions. They also deal with the maintaining of privacy and ethics in the medical profession.
Who Can Access Records?
Under HIPAA, you can always access your own records. Likewise, if you’re someone’s designated representative (they’ve given permission in writing) you can access their records. You can access records for those over whom you have legal guardianship, and you may, with some exceptions, access your children’s records.
If you’re the personal representative of an estate, you can access the records of the decedent. Finally, if a direct relative of yours dies, you may access their records if those records relate to your own health.
What Are the Exceptions?
If the doctor has determined that accessing your records would put you or someone else in undue risk of harm, they can be withheld. Likewise, psychological records may be exempt from access.
If your child has consented to medical care where the state doesn’t require parental consent, you can’t get their records for that care. Likewise, if courts order a child’s medical care you can’t access the records, and if you agree that the child has a confidential relationship with their doctor, the records aren’t yours to view.
Obtaining Medical Records
Obtaining medical records, in general, is a factor of submitting a written request to the proper provider. This request will include your name, contact information, possibly your Social Security number, the reason you need the records, and the records you want to access. From there, the provider has up to 30 days to turn the request around or issue a denial letter.
Calling an Attorney
If you are denied access to your medical records and you think your rights are being violated, your best bet is to contact a qualified attorney for help. The right attorney can cut through bureaucracy and red tape, and make the right arguments for your medical records. In New Jersey, this is the Law Offices of Peter N. Davis and Associates, LLC. If you’re in need of help with obtaining medical records, or any sort of personal injury claim, we can help.
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Unfortunately, our experience with this law firm was extremely disappointing and very different from the impression we initially had after seeing so many positive Google reviews and such a high rating.
We contacted this firm because my wife was involved in a car accident, and we were hoping to find a reliable, professional, and compassionate legal team that could guide us during a very stressful and difficult situation. We completely understand that not every law firm can accept every case, and we would have respected a decision not to represent us. The problem was not simply that the case was not taken — it was the way the entire situation was handled.
My wife spoke with a legal assistant named Ms. España, and the conversation left her feeling scared, uncomfortable, and even more distressed than she already was because of the accident. In our experience, the communication was unnecessarily harsh, aggressive, and lacking empathy. Instead of calmly explaining why the firm could not proceed, giving professional guidance, or suggesting possible next steps, the conversation made my wife feel as though she had done something seriously wrong.
At one point, the way certain issues were presented made her feel almost as if she felt treated in a very bad way Whether that was the intention or not, that is how the conversation came across to her, and I believe professionals working with accident victims should be very careful about how they communicate serious legal concerns.
People contacting a personal injury law firm are often already dealing with physical injuries, emotional stress, financial uncertainty, insurance problems, transportation issues, and fear about what will happen next. A legal assistant is often one of the first people a potential client speaks with, and that person should understand how important professionalism, patience, empathy, and respectful communication are.
What made this experience even worse is that we were specifically told that a release/disengagement letter as well as the digital copy of the file would be sent regarding the case. That letter never arrived as promised.
This has become a serious problem because other attorneys we have contacted have indicated that they need confirmation that the previous firm is no longer representing or involved in the matter before they can properly move forward with reviewing or handling the case. Because we still have not received the promised documentation, we feel that our ability to move forward and obtain new representation has been unnecessarily complicated and delayed.
When a law firm tells a client that an important document will be provided, especially a document that may affect their ability to retain another attorney, that commitment should be taken seriously.
We were never expecting this firm to guarantee an outcome, accept a case they did not want, or tell us only what we wanted to hear. We simply expected clear legal communication, professional treatment, basic compassion, and the documentation that was promised.
The most disappointing part is that we contacted this company specifically because its Google reviews created the impression that it was a highly reliable and professional organization. We truly believed we were reaching out to a firm that would treat accident victims with dignity and provide responsible guidance, even if they ultimately decided not to take the case.
Unfortunately, our personal experience did not reflect that expectation.
I sincerely hope management reviews how prospective clients are treated by intake staff and legal assistants, how sensitive legal information is communicated to people who are already under significant stress, and how disengagement or release documentation is handled when representation ends or a case is declined.
A law firm does not have to accept every case, but every person who contacts the firm deserves to be treated respectfully and professionally.
Based on our experience, better communication, more empathy, and stronger follow-through would have made a significant difference.
I highly recommend the Law Offices of Peter N. Davis.
After I was rear-ended in a car accident and suffered injuries to my neck and back, they provided outstanding representation during a very difficult time in my life.
My attorney, Robert Russotti, and my case manager, Muminah Ramadan, were professional, compassionate, and attentive throughout the entire process. They helped me obtain the medical treatment I needed and were always available to answer my questions and address any concerns I had. Their diligence, communication, and dedication gave me peace of mind while I focused on my recovery.
I am truly grateful for the support and guidance they provided during my hardship. I would not hesitate to recommend the Law Offices of Peter N. Davis to my family and friends.
I had a very positive experience with the Law Offices of Peter N. Davis & Associates. Nick Barrone handled my case, and I couldn’t be happier with the level of service I received. After my auto accident in Jersey City, NJ, I was dealing with ongoing back and neck pain and wasn’t sure what to expect from the legal process. Nick was professional, attentive, and always made sure I understood each step along the way. He took the time to answer my questions and genuinely cared about my situation. I felt supported throughout the entire process, which made a stressful situation much easier to handle. The firm worked diligently on my behalf and kept me informed the whole time. I truly appreciate their dedication and effort in helping me through this difficult experience. I highly recommend them to anyone in need of a reliable and compassionate attorney.
I highly recommend Peter Davis & Associates. In particular, Mr. David Ventoso, Esq. did an excellent job helping and assisting me. Mr. Ventoso was knowledgeable, professional and responsive.
All the staff members at the firm took the time to explain every detail and step of the process; they answered all my questions and were always kind. Special thanks to Ms. Carolyn for doing an amazing job.
If you're looking for an attorney in NJ who is trustworthy and really cares, Peter Davis & Associates is an excellent choice.
Thank you so much for your help.
I want to especially thank David Ventoso for always informing me what was going on with my case. He kept up with all my questions and answered every time I called him.
Awesome staff also
Thank you again
Angela Selby
