It’s important to obtain a copy of your medical records to prove your personal injury case. The other party will dispute your injury because they don’t want to pay compensation. The medical records are legal proof that the accident caused your injuries. You have the right to get a copy of medical records, but there are drawbacks. Learn who can get medical records, what other medical records you can obtain and the actual records you get in your possession.
You or your attorney can request your medical records. If you are a parent, legal guardian, beneficiary or designated representative you might legally request other patients’ medical records, but get a second opinion from an attorney first. A court appointed document, a personal representative listed in the will or identification may be required.
Parents have the right to get their children’s medical records and correct them, but there are drawbacks as well.
1. If the child is over 19 years of age, parents don’t have the right to obtain or correct their child’s hospital records.
2. Parents who agree to let the child and doctor have doctor-patient confidentiality lose their right to obtain medical records for legal cases.
3. If the court summons your child to medical care the parents have no right to receive medical records.
4. If the child is under 19 and can get medical care legally on his or her own. There are certain guidelines the child must meet, but if successful, parents lose their right to medical record access.
Your medical records describe in detail exactly how the injury occurred and how severe it was based on what the patient tells the doctor and the doctor’s findings. It is the deciding factor in how much compensation you get. The medical records given to patients, attorneys, legal guardians, parents and designated representatives are more than enough to win your case.
Not all records are handed out; psychotherapy notes, lawsuit/countersuit preparation papers and information that may endanger your life, your safety, someone else’s life or someone else’s safety are not released to anyone. While this is normal, there must be a denial letter explaining why. An appeal can always be filed if the decision is not favored.
Contact us for more information about this and other concerns you have. We are the solution for your personal injury case.