In personal injury cases, medical records can affect the outcomes. If you have been injured in an accident because of negligence, you probably want to file an injury claim or lawsuit. As a claimant, it is important to understand what it takes to get such records released. This way, you can protect your rights while offering vital evidence that supports your injury claim. A Moxie Law Group injury attorney can help you with this and work to secure the compensation you deserve for your injuries.
Requesting Your Medical Records
If you have a personal injury claim in Salt Lake City, some parties may want to access your medical records. But not all of them can request these records under HIPAA guidelines. Below are the parties that can request your records:
- You. Because you are the main holder of your medical data, you can request your medical records whenever you want. Also, you may permit other people to view or get such records.
- Your lawyer. Your personal injury lawyer can request your records for you to build your injury case. But you must give them consent to release such records to them in writing.
- Insurers. For insurers to verify your personal injury claim and determine the amount of compensation to pay, they may request your medical records. But you can control the records to release them.
- Medical providers. Healthcare providers may need to share your records with other experts for the continuance of your care. In such cases, HIPAA allows this within your medical team.
Your personal injury attorney can help you understand your rights in terms of releasing your medical records. You can control your medical data and effectively support your claim.
Medical Records that You May Need to Share with Others
In personal injury cases, some medical records are not necessary or relevant. Often, records directly associated with your accident injuries can be requested. These records include emergency room reports, imaging studies, related doctors’ notes and medical history, prescription medications, and treatment records.
You should release only the medical records that can support your case. Offering unrelated records can expose unrelated health information that might harm your claim or reveal private information.
Impacts of Medical Records on Your Case
In personal injury cases, medical records are important pieces of evidence. These records can prove that you suffered injuries, the treatment you have received, and the expenses you have incurred because of your injuries. The effects of such records can impact your claim’s outcome by:
- Showing the seriousness of your injuries. X-rays, physical therapy notes, MRIs, and other records offer a clear picture of the impact of your injuries on your life. Such information helps your lawyer argue for the monetary compensation you must secure.
- Establishing cause and effect. Your medical records can show a direct link between the accident and your injuries. Any delay in seeing a doctor may ruin your chances of securing compensation because insurers may argue the accident did not cause your injuries.
- Proving the need for ongoing treatment. If your injuries require ongoing medical care, medical records can demonstrate their long-term effects. Such information helps validate why you may incur future medical expenses.
- Countering insurance adjuster tactics. Usually, insurance adjusters find gaps in medical treatment or inconsistencies in medical histories to reduce payouts. Your lawyer will ensure the accuracy and relevance of your medical records, strengthening your position and countering any efforts to devalue your personal injury claim.
Medical records are important to your case’s success. By working with an experienced personal injury attorney, you can follow the proper procedures and use such records to strengthen your claim. Your attorney can help protect your medical records and ensure no party can take advantage of your situation.
