How Medical Records Impact Your Personal Injury Case

How Medical Records Impact Your Personal Injury CaseEach year, about 39.5 million US citizens approach medical facilities for personal injuries. This number means that for every 1,000 people, there are 126 cases. This data comes from the Centers for Disease Control and Prevention.

The medical records could make or break your case of personal injury since they are mainly substantial pieces of evidence. Medical records related to treatment coverage for the injuries you have sustained.

Can patients request their medical records? Yes, they can. It is their right to receive a copy of their medical record. Protected health information in many countries, including the United States, is a right claimed by legislation. Disclosure of protected health information requires the patient’s authorization as per the rules of HIPAA (Health Insurance Portability and Accountability Act). Know that certain exemptions exist in many situations, including treatment, payment, health care operations, and other legal situations.

Let’s see how adverse those important strips of paper can be to your case.

Why Are Medical Records Important for Personal Injury Cases?

Medical records are important documents for describing medical treatment as an official medical history of the injuries sustained and the hospital care given to a patient. They provide everything the patient may have experienced on account of clinics, different types of treatment procedures, or the lines of treatment carried out by different medical practitioners.

You need to provide documents that will show the degree of your injuries. This step defines which way the legal case goes. Another piece of evidence would be the medical records, which discussed the injury. People use medical records to bolster their claims and undermine the defendant’s counterclaim.

It goes without saying that medical records should contain detailed information concerning your injuries, which demonstrates to the insurance company the truthfulness of your claim. These medical statements will perfectly document your injuries, showing the elements of what you have suffered and how much you are entitled to for recovery.

How Do Medical Records Establish Injury Severity?

Medical records present evidence in themselves about the severity of your injuries, as they give a detailed account of the condition and treatment of an individual.

Healthcare providers assess your injuries when you seek medical treatment and they document critical details through your medical symptoms, their diagnostic findings, and their suggested treatment methods. Your medical records establish a detailed timeline of your recovery process, which shows the specific challenges you encountered. 

Your case becomes stronger when you provide complete medical records. Insurance companies and legal representatives use these records to assess how your injuries affect your daily activities.

How Do Medical Records Prove Causation in Your Case?

Your personal injury case requires you to prove that your injuries were caused by a specific accident. The medical records function as proof since they display your recorded injuries and the medical treatments you received. Your medical record will also contain information regarding professional medical assessments that connect your condition to the incident.

For example, your medical records from a fall accident will document your concussion symptoms and diagnosis and treatment timeline. The records establish the link between your accident and resulting injury.

Medical records serve two functions. They explain the nature of your injuries and also help build your case. Requirements for medical documentation need to be fulfilled since they are key for establishing causation.

According to New Orleans personal injury lawyer Joshua L. Rubenstein, you will be significantly more likely to succeed with your case if you ask for help from a personal injury lawyer. 

What Key Medical Records Should You Collect for Your Claim?

The process of establishing a strong personal injury claim requires the gathering of accurate medical records. Start with your initial medical evaluation, as it documents the details of your injuries right after the incident. 

You should collect all treatment documents, which include your follow-up appointments and therapy sessions and surgical procedures. These documents show how you healed from your injuries and provide a complete account of their nature. 

You need to obtain all diagnostic testing results which include X-ray and MRI tests. These results serve as direct proof of your injuries. You should include all prescription details along with your medication history to prove the medical treatment you have received. 

You need to acquire your doctor’s notes together with all specialist reports so you and others can understand your medical condition and future health status. Getting these records will make your claim much stronger.

How Can You Obtain Your Medical Records for Your Claim?

You need to contact the healthcare provider who treated you at their facility. Most facilities allow record requests through an official form, which people can complete either online or at their location. You must submit both the dates of service and your required documents to complete your request.

All the necessary prerequisites, such as full name, date of birth, and insurance information, must be submitted immediately. Be prepared for processing fees that could be involved in the filing and transfer of your medical records.

You need to follow up on your records so that they will arrive at the expected time after you complete your request. Your claim processing requires immediate access to your records since it helps you build your case.

What Should You Do With Incomplete Medical Records?

The process begins with you contacting your healthcare provider to obtain missing medical records. To make it clear, you would need to explain the items they are seeking and requiring clarification on. In return, it is equally important that they are sought by means of a stated deadline set by the attorney.

If there is no reply, it is advisable that you either put your concerns on paper or contact an advocate for help. You must keep a log of each communication concerning the records you should have. It will serve as a timeline for your case. Each discrepancy needs to be discussed with your counsel in light of the repercussions on your case.

They will show you which legal options you have to correct the matter while keeping your case strong in spite of missing records.

 

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