Secure That Proof: Medical Records And Personal Injury Cases

If you are pursuing a personal injury claim against an at-fault driver, your medical records may be far more important than you realize. This single form of evidence is so vital that without it your chances of winning your case are slim to none. Ensuring that you can lay your hands on the paperwork for each and every medical treatment charge is vital, since your entire settlement is likely going to be based on the actual dollar amount of your medical treatments. The more medical care you have received and the higher the dollar amount of that care, the higher your settlement offer. It should be noted that this is true even if you have not had to pay any medical bills, so far, due to insurance coverage. To learn more about this valuable evidence, read on.

You have rights: Each person in the United States now has more rights than ever before when it comes to accessing their own medical records. The Health Insurance Portability and Accountability Act of 1996 (also known as HIPAA) addressed, among many other issues, these rights. You may recognize the term "HIPAA" from forms that everyone has to sign when they visit the doctor. Because of HIPAA, the responsibility for ensuring that the consumer has access to their own records is placed on the medical provider, not on the consumer. In short, you have a right to have your requested medical records in your hands within 30 days of a written request, or provided with your medical provider's reasons for not doing so. You may be charged a nominal amount for making copies (the facility has the right to keep the original, but there are limits on these charges).

How to get the records: HIPAA regulations stopped short of specifying details about how to request the records, but most medical facilities have quickly gotten on board and have forms available for you to fill out. Be particularly careful about specifying the correct date range on the forms. As an accident victim, you likely have thousands and thousands of sheets of records from many different treatment facilities, and even at a few cents a page it can quickly add up to a lot of money. Another issue to keep in mind is referrals. Your doctor may send your lab tests out to another facility, and you may need to contact those facilities to get those records. Another potentially confusing issue is hospital stays. Who hasn't had bills and statements arrive in the mail after a hospital stay and noticed unfamiliar doctors and charges? Your own records are the best place to start when contacting these facilities.

Your personal injury attorney is experienced at procuring these important records in a timely and complete manner, so talk to one today and ensure that your settlement is fair and comprehensive. Talk to companies like Greg S. Memovich if you need to find a personal injury lawyer.