One of the first steps to take if you suspect that abuse or
negligence has taken place at a nursing home, is to obtain the medical records
and request a medical expert do a medical record review.
A medical record review can help determine if the standard of
care has not been met by the physicians working at the nursing home and, if
mistakes were made, what the mistakes were.
Obtaining medical records is not always easy due to HIPAA
regulations. In addition, there is confusion
regarding laws that are applied to obtaining medical records from a nursing
home facility. There are laws that
state a patient or a patient’s authorized representative is entitled to the
medical records. A patient or patient’s representative
has a right to view the medical records and any other records that are used
during the care, recuperation, or treatment of the patient. An authorized
representative for the nursing home resident must be specified on the resident’s
contract when admitted to the facility. A
nursing home resident also has the right to state that the medical records are
to remain private.
Tips for Seeking A Medical Record Review:
- You do not have to give the facility the reason that you want the medical records
- Keep records of any requests for a medical record review from a medical expert
- Ask for the medical record immediately if you have any reason to think you might need a medical record review
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