Tips on How to Get Medical Records Following a Personal Injury

At one point or another, you have to request copies of your medical records for your personal injury claim. Your medical records are the most important evidence you can have to back up your demand for settlement. Insurance companies, for one, rely heavily on your records and other documentation. Medical records are usually the focus of personal injury cases.

Authorization for Release

In some cases, you may draft a request for release of your medical records. In your request, certain personal information must be included such as patient’s name, date of birth, social security number, patient’s account number, patient’s address as well spouse’s name. It should also be specified in your request if you want specific records, records during a specific date range, or all records in general.

A personal injury attorney can request the records if you give written permission with a date and your signature. A request for the release of medical records, however, can be denied. It can be due to lack of patient consent.

Privacy and HIPAA

Personal health information (PHI) is protected by the Health Insurance Portability and Accountability Act of 1996 (HIPAA). HIPAA ensures one’s right to privacy, limiting the people who can access and receive your private information. It also ensures your right to obtain copies of your medical records. To know the requirements for requesting your medical records, you should check your state’s regulations.

HIPAA also protects against the unauthorized release of private medical information. However, if one signs a Release of Information, that person is no longer protected by HIPAA. Some insurance companies require you to sign a release when you file a claim. You don’t want to give the insurance company access to your entire medical history, so be sure to release only the records that cover your current injuries.

Reasons for Release of Medical Records

There are certain advantages to having all your medical records related to a personal injury case:

*It allows both sides to assess the physical injuries as well as the viability of a certain case.

*It provides proof of physical injuries attained.

*It helps to calculate the damages sustained by the injured person.

*It helps the alleged at-fault person to avoid paying for pre-existing injuries.

*It allows a medical professional to analyze the records and to determine the cause of the injuries. In a medical malpractice case, it lets medical experts determine whether doctors exercised reasonable care.

Should you need the help of experienced personal injury lawyers, we are here for you. Call us today at 1.855.905.9222.