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Medical records might seem like just another form to file, but they are really the record of your care. July is Medical Malpractice Awareness Month, an opportunity to look at how those medical records work and why they matter. Even if you are not considering a medical malpractice claim, you have the right to request a copy of your own file. Understanding the process in Michigan ahead of time can save you a lot of back and forth later.
Your Right to Access Your Records in Michigan
Under Michigan’s Medical Records Access Act, along with the federal HIPAA Privacy Rule, patients have the right to see and get a copy of their medical records. A provider must generally respond to a request promptly, and no later than 30 days in most cases.
Here is what to keep in mind:
- You have the right to a copy, whether the provider is a doctor’s office, hospital, or other health facility.
- Fees may apply. Providers can charge a reasonable, cost-based fee for retrieving and copying records. Michigan’s allowed fee amounts are adjusted annually, so the exact cost will vary depending on when you request.
- No initial fee for patients requesting their own records. Michigan law does not allow providers to charge patients for an initial fee, but you may still be responsible for per-page copying and mailing costs.
- Indigent patients are entitled to one free set of copies per provider under certain circumstances.
- You can request records in different formats, including paper or electronic copies, depending on what the provider offers.
How to Request Your Medical Records
- Identify the provider or facility that holds the records you need. If your care involved multiple providers, hospitals, or specialists, you may need to submit a separate request to each one.
- Submit a written request or authorization form. Most providers have their own release of information form, often available through their website or patient portal. Some allow requests directly through a MyChart-style portal at no cost.
- Provide identification. Providers are required to take reasonable steps to confirm that you are the person entitled to the records before releasing them.
- Specify what you need. Be as clear as possible about the date range, type of records (office visit notes, test results, imaging, billing records), and format you are looking for.
- Ask about fees upfront so you are not surprised by the cost, especially for older records or large files.
- Follow up if you have not received a response within a reasonable time. Providers are expected to act within 30 days in most circumstances.
A Few Practical Tips
Request records as early as possible if you think you may need them for a legal matter, since some records, particularly older ones, can take longer to retrieve. Keep your own organized file of records you have already received, to avoid requesting the same documents twice. If you are unsure about exactly which records are relevant, ask the provider’s medical records department what categories are available. For a potential medical negligence case, records like nursing notes, physician orders, and internal communications can matter as much as the primary chart, so it is worth asking specifically for the complete file rather than a summary.
Why You Might Be Asked for Your Medical Records
There are many reasons you might need a copy of your medical records, and you have the right to request them yourself at any time. But if you are considering a medical malpractice or personal injury claim, you do not need to gather these records on your own. When you contact Buckfire Law about a potential case, our legal team identifies the providers involved in your care, requests the complete file from each one, and covers the associated costs, including records like nursing notes and physician orders that can matter as much as the primary chart.
Common reasons people need their medical records include:
- Starting an injury or medical negligence consultation with a law firm
- Filing a health or disability insurance claim
- Getting a second opinion from another provider
- Switching primary care doctors or specialists
- Applying for certain jobs, school programs, or benefits
- Keeping a personal record of your own health history
If you are looking to file a legal claim, we can take care of the records on your behalf.
