How Long to Get Medical Records for a Lawsuit?

Federal law says 30 days. Reality says something different. Under HIPAA's Right of Access rule, covered entities must respond to medical record requests within 30 calendar days, with one 30-day extension permitted for a maximum of 60 days total. But for attorneys managing active litigation, that window often stretches far longer, particularly when multiple providers, paper records, and VA facilities are involved.

The gap between the regulatory timeline and the operational one creates real consequences. Medical record delays are a leading cause of stalled personal injury cases, giving insurers room to argue that injuries aren't well-documented and reducing settlement values in the process. For firms handling statute-of-limitations-sensitive cases, every week waiting on records is a week closer to losing the right to file entirely.

Timeline by Request Method

Not all retrieval methods produce the same results. The clock starts differently depending on whether a firm sends an authorization, files a subpoena, or uses a third-party service. Here is what each method looks like in practice.

HIPAA patient request is the baseline. Providers have 30 calendar days to respond, with one written extension pushing that to 60 days. The clock starts on the date the facility receives the request, not when it processes it.

Attorney authorization requests follow the same HIPAA framework but add friction. Authorization forms must be validated, and providers often batch-process legal requests behind patient-facing ones. Professional retrieval services report a 15-day average for these requests, though turnaround varies widely by facility. Some requests take 60 days or more.

Subpoenas compress the timeline considerably. A subpoena for medical records typically compels a response within 7 to 14 days, with a default window of 21 to 25 days when no specific deadline is stated. Subpoenas carry legal weight that standard authorizations do not, which explains the faster turnaround.

Court orders sit at the top of the priority hierarchy. Providers must comply with what the order specifies, and responses are often immediate to within seven days.

Expedited retrieval services, including AI-powered platforms, routinely deliver records in 3 to 7 business days. Some services report same-day capability for electronically accessible records.

What Slows Records Down

Even within the same retrieval method, turnaround times vary dramatically. Four factors explain most of the variation.

Provider Type

Hospitals process high volumes of legal requests and frequently batch them, creating backlogs that push response times toward the 30-day maximum or beyond. Private practices generally respond faster due to smaller request volumes and simpler record management systems. The difference can be weeks, even for identical record types.

Record Format

Electronic health records can be exported in minutes once a request is approved. Paper records require physical retrieval, copying, and often scanning before they can be sent, adding days or weeks to the process. Medical imaging presents its own challenge: radiology files on CD or DVD typically take two or more weeks to reach their destination, with significant risk of loss, damage, or incomplete files during transit.

State Law Variations

Fee schedules and response requirements vary by state, affecting both cost and speed. Minnesota's 2025 law caps charges at $1 per page plus a $10 retrieval fee. Texas requires a 5-day fee notice followed by a 10-day payment window before the HIPAA 30-day production clock even begins. States with complex fee structures tend to produce slower turnarounds because providers wait for payment before processing.

Volume and Complexity

The average personal injury case requires records from 6 to 8 providers. Each additional provider adds a separate retrieval timeline that runs in parallel but must be complete before the full medical picture emerges. Complex multi-provider cases can take six months or longer to assemble a full record set using traditional methods.

The VA Records Problem

Veterans Affairs medical records occupy a category of their own. Despite VA rules requiring an explanation if records are not supplied within 20 days, the system's centralized record infrastructure and massive request volume produce delays that dwarf anything in the private sector.

A 2015 lawsuit filed by seven veterans documented that every plaintiff had waited at least 300 days for records. One Army veteran, George Ball, waited over 800 days without explanation. The problem has not fully resolved. VA medical centers sometimes fail to respond to record requests at all, stalling disability claims and litigation alike.

For firms handling Camp Lejeune, burn pit, or other veteran-related cases, this reality demands a different approach.

Impact on Case Outcomes

Slow records do not just delay cases. They weaken them. The effects compound across three areas that directly touch settlement value and case viability.

Settlement delays. What should be routine requests turn into weeks or months of waiting, stalling everything from initial case evaluations to settlement negotiations. Firms managing records in-house spend an average of $76 in labor costs plus $68 in provider fees per request, and that is before accounting for the opportunity cost of delayed case resolution.

Weakened negotiating position. Incomplete documentation gives insurance adjusters exactly what they need: grounds to argue that injuries are not well-documented. Records arriving weeks late reduce negotiating power during the critical settlement window, particularly in high-stakes litigation. Disorganized records management can reduce favorable outcomes by 40%.

Statute of limitations risk. This is the one that keeps attorneys up at night. If record delays push a case past filing deadlines, the claim dies regardless of its merit. Medical malpractice statutes of limitations vary by state, and missing a deadline because records were stuck in a provider's queue is not a recognized excuse.

What Firms Should Do in 2026

The tools to solve the records timeline problem exist today. 56% of personal injury attorneys now rate medical record analysis as the most in-demand AI capability, and 37% already use generative AI with 61% reporting major efficiency gains. The firms that treat retrieval as a day-one priority, rather than an afterthought, consistently resolve cases faster.

The Bottom Line

The 30-day HIPAA timeline is a floor, not a ceiling. Attorneys who rely on standard authorization requests alone should expect 30 to 60 days per provider, with complex cases stretching to six months. VA records can take even longer.

The gap between the slowest and fastest retrieval methods is measured in months. Firms that close that gap, through expedited services, subpoena escalation, and AI-powered platforms, move from intake to demand faster and with stronger documentation supporting every claim.

Sources: HHS.gov HIPAA Right of Access, Record Retrieval Solutions, The HIPAA Guide, Military Times, Cuddigan Law, ChartSquad, LezDo TechMed, RunSensible, CasePeer, Tavrn, Minnesota Medical Association, Justia