Request for patient medical records

One of the most effective judicial methods of obtaining evidence in disputes related to medical care is the court-ordered retrieval of medical information. This is an important tool that allows you to obtain information when out-of-court requests remain unanswered. Below, we will discuss in more detail what should be considered when preparing a motion and how the lawyers of Prikhodko & Partners Law Firm can assist you.

When can you file a motion to obtain medical information?

Although a motion to retrieve medical information can be filed at any stage of the process, all pre-trial methods must first be exhausted. This is important because access by a lawyer to medical information remains complicated and poorly regulated: medical institutions often consider any medical information to be medical secrecy and refuse to provide it.

In such situations, a hospital has the right to require confirmation that the client has explicitly authorized the lawyer to receive such information — this may be a separate written consent or corresponding provisions in a legal services agreement. The absence of such consent is the most common reason for refusal.

This is especially important in cases related to medical disputes and the possibility of receiving compensation for damages, because properly collected medical documentation becomes a key basis for proving the liability of a hospital or a specific doctor.

A motion to retrieve medical information may be submitted to the court if the party proves that it is impossible to obtain this evidence independently.

In most cases, the court will retrieve the necessary data provided that:

• the medical information is relevant to the case (health condition, diagnoses, bodily injuries, work capacity, alcohol intoxication, etc.);
• the party has no access to this information (the medical institution refuses without a court order, the data is confidential);
• evidence of attempts to obtain it independently has been provided (requests, refusals, responses).

What should a motion to obtain medical data include?

• Information about the parties to the case

1. Name of the court and case number (if already opened).
2. Details of the plaintiff and the defendant.

• Description of the subject of the motion

1. Which specific documents or health information must be obtained.
2. A clear justification of why these data are important.

• Explanation of independent actions taken to obtain the evidence

1. A detailed description of the requests sent to the medical institution and their results.
2. Proof that the documents cannot be obtained without court intervention.

• Proof of representation (powers of attorney / lawyer’s authority)
• Legal justification
• Specification of the requested documents

A list of forms, protocols, medical histories, questionnaires, procedure logs, video recordings of surgeries, and other medical documents that may prove violations of medical care standards.

• Request to the court

A clearly formulated request to obtain the documents from a specific medical institution.

Important! In medical disputes, it is crucial to clearly identify which documents have evidentiary value. Incorrectly prepared or overly general motions may result in refusal or in receiving an incomplete set of documents, which complicates forensic medical examinations and proving violations of the patient’s rights.

Reasons for denial of the motion

1. Lack of justification for the need to retrieve the information. The court expects clear explanations of how each requested document supports your legal position.
2. Violation of confidentiality and personal data protection rules.
3. Incorrectly specified documents. Overly general requests or requests unrelated to the facts of the case will likely be rejected.
4. Failure to meet deadlines. Missing deadlines or failing to justify the delay may lead to refusal.

To ensure your motion to obtain medical information is granted, you should contact an experienced medical lawyer who has handled such cases and understands all procedural nuances.

Prikhodko & Partners Law Firm will help you properly prepare the motion and effectively retrieve the necessary medical documentation. Contact us for a consultation — we will analyse your situation and assess your real chances of success.

Prikhodko & Partners will help you obtain medical documents

Our lawyers specialize in resolving medical disputes, including those between patients and medical institutions. One of the key stages in such cases is obtaining a complete set of medical documentation required to assess violations and build a strong legal position.

In practice, many clinics even refuse to respond to lawyer inquiries or simply ignore them. In such cases, legal action must be taken, and a motion to obtain evidence should be submitted to the court.

The success of the case largely depends on a properly and professionally prepared motion, as the clinic will be aware of your actions and you may not get a second chance.

The medical lawyers of Prikhodko & Partners take into account all the circumstances of the case and provide support both in pre-trial and judicial procedures. Therefore, you can confidently contact us: first for a consultation, and then for professional support of your case.