Does a Personal Injury Law Firm Need My Medical Records?

July 19, 2023 – Paul Hammack

During a personal injury case, it may feel a bit invasive when a law firm requests access to your medical records. It’s natural to wonder why they would need access to such sensitive information. That’s why understanding the importance of your medical records to your personal injury claim can help shed light on why they’re a crucial aspect of your case.

Let’s go into some of the details as to why your personal injury attorney needs access to your medical history.

Helps to Determine the Extent of Your Injuries

A personal injury law firm might ask for your medical records to assess the extent of your injuries. These records contain essential details about your diagnoses, treatments, and expected outcomes. By evaluating your medical records, attorneys can gauge how severe your injuries are and how they’ve affected your life which can play a crucial role in determining the compensation you may be eligible for.

Establishes Causation

To build a strong personal injury case, establishing a clear link between the accident or incident that caused your injuries and the resulting medical treatment is crucial; medical records provide invaluable evidence proving causation. They also offer a clear timeline of any medical treatments you received due to the accident, proving the extent of your damages and the medical necessity for specific treatments. Ultimately, your medical records provide exceptionally vital evidence to demonstrate the negligence or fault of the responsible party.

Records Medical Expenses

Medical records also show the amount of money you spent covering the costs of any medical expenses incurred as a result of your injuries. They provide a detailed account of the treatments, surgeries, medications, therapy, and rehabilitation you received and also help to quantify the damages you may be entitled to recover. Without accurate medical records, it becomes infinitely more challenging to prove the extent of your medical expenses and to determine the appropriate amount of compensation.

Provides Evidence of Long-Term Health Effects

In certain personal injury cases, the harm caused by the injuries can continue beyond the initial treatment and recovery period. Medical records can reveal the lasting effects of the injuries, such as chronic pain, disability, or the need for future medical care. These records provide a complete picture of your medical history, which is crucial in determining the right amount of compensation for future medical expenses, loss of earning capacity, and other damages associated with your ongoing health problems.

What Types of Personal Injury Cases Require Medical Documentation?

Aside from understanding the value medical records provide to a case, it’s important to know precisely when and why they’re needed for a personal injury case.

  • Personal injury cases: Whether it’s a car accident, slip and fall incident, workplace injury, or any other type of accident resulting in personal injury, medical records provide evidence of the injuries sustained, the treatment received, and the impact on your health and well-being. Medical records help establish the causation between the accident and the injuries, evaluate the severity of the injuries, and calculate the damages you may be entitled to recover.
  • Medical malpractice cases: If you feel that you have been given inadequate medical treatment or have been harmed by the negligence of a healthcare professional, having access to your medical records is vital. These records can help establish whether the care you received was substandard, give information about your treatment, and show how the negligence led to the harm you suffered. In medical malpractice cases, medical records are essential in proving the responsibility or negligence of healthcare providers.
  • Product liability cases: Medical records are essential when injuries result from using a defective or dangerous product. They can document the injuries sustained and the medical treatment required as a result of the faulty product. They also establish a clear link between the use of the product and the injuries, helping establish the manufacturer’s liability for the harm caused.
  • Workers’ compensation cases: In cases involving workplace injuries, medical records can substantiate the diagnosis, treatment, and prognosis related to the work-related injury or illness and can determine the appropriate workers’ compensation benefits.

How to Request Your Medical Records

Obtaining your medical records may seem overwhelming and confusing, especially if you’re dealing with a serious injury. However, it’s relatively simple, and with a few simple steps, you can send your medical records over with ease.

1. Identify Your Healthcare Providers: List all the providers involved in your treatment.
2. Contact Your Providers: Contact each provider and ask about their process for releasing medical records. Inquire about any fees involved.
3. Complete Any Necessary Forms: Fill out your medical provider’s medical records request form, provide the most up-to-date and accurate information, and then authorize the release of the records for your personal injury case.
4. Provide Proof of Identity: Some providers may require proof of identity, such as a copy of your ID. Follow their instructions regarding documentation.
5. Submit the requests: Send the completed forms and any required documentation to your healthcare providers and keep copies for your own records.
6. Follow up and track progress: Stay in touch with the providers to ensure your request is being processed. Note any response timelines they may have.
7. Obtain the records: Once processed, the providers will provide you with copies of your medical records. Review them carefully for relevant information about your injuries and treatment.

It’s also important to note that many providers may have varying policies and timelines for releasing records. Some may charge fees, and certain confidential information may be redacted. If you encounter challenges, your personal injury attorney can assist you throughout the process.

Conclusion

While it may seem intrusive to provide your medical records to a personal injury law firm, understanding the reasons behind their request can help you appreciate the importance of these documents in building a solid case.

Medical records play a crucial role in establishing the extent of your injuries and causation, documenting medical expenses, and demonstrating the long-term effects of the injuries.

Regardless, any personal injury attorney is bound by strict privacy laws and ethical guidelines to protect the confidentiality of your medical records throughout the legal process, so you can sleep soundly knowing that your information is in safe hands.

Still have questions about how Hammack Law Firm will use your medical records? Our skilled attorneys are here to ensure your case receives the utmost privacy and that your medical records are only used to maximize your settlement amount.

You don’t have to navigate the legal process alone. Our compassionate team is here to guide you every step of the way, providing personalized attention and strategic counsel tailored to your unique situation.

Take the first step towards justice. Contact Hammack Law Firm now to schedule your free consultation. Let us handle the legal complexities while you focus on your recovery.

Questions or Schedule An Appointment? Call Us:

(864) 326-3333

Related Blog Posts