If you have been injured due to the negligence of another, you are entitled to receive financial compensation for your injuries, including medical treatment and any missed wages due to time away from work. Medical records are the most important evidence in a personal injury claim, and they will be made available to both the plaintiff’s and the defendant’s attorney.
Medical records include the nature of the plaintiff’s injuries, where he or she sought treatment, physiotherapy treatment, and medical bills. Continue reading to understand how to access your medical records after an injury.
Requesting Release to Your Medical Records
If you are filing a personal injury claim, you can draft a formal request to have your medical records released. The request must include your name, SIN number, date of birth, account number, address, and partner’s name. You will also have to specify if the records you are requesting cover a certain date range if you only want records that pertain to your recent injury.
The laws governing the release of medical records vary from state to state, and some states require that the statute or law pertaining to the release of medical records is included.
Your attorney can also request your medical records as long you have given written permission that includes your signature and the date. These requests can either be faxed or sent via regular mail. It is recommended that you call your medical provider to double-check that your request has been received. In some cases, you will need to pay a fee for the release of your medical records. Hiring an experienced personal injury lawyer from Los Angeles lawyers Custodio & Dubey can help you through the process.
Denial of Medical Records Release
There are circumstances that can result in the denial of the request. If insufficient information is provided, the request can be denied. Also, in the case of battery claims, the defendant might attempt to access the plaintiff’s medical records, and that request can be denied on the basis of confidentiality. When the release of medical records is denied, the next step is to file a medical records subpoena.
Reasons to Have Your Medical Records Released
There are a number of advantages to having your medical records released to both sides involved in a personal injury claim: Doing so allows the plaintiff and the defendant to assess records of the injuries and the nature of the claim. It also provides evidence of the injuries and is an instrumental part of calculating the damages sustained by the injured party. Medical records also allow medical experts to examine the records and determine the cause and extent of the injuries, and in the case of medical malpractice cases, they can show whether the doctors gave the patient reasonable care or were negligent in some way. They also protect the defendant against paying for any of the claimant’s preexisting injuries or conditions.