Medical Records in a Personal Injury Cases

When a doctor or professional fails to act with responsible care, this is referred to as negligence. When a person is injured because of someone else’s negligence, they may file a personal injury claim requesting compensation from the party at fault to pay for treatment, pain or suffering. In personal injury cases, damages as a result of negligence can include lost wages, medical expenses, or suffering and pain. Determining the amount of damages is sometimes difficult, especially if future treatment may be needed. Examinations and medical records are important aspects in personal injury cases which can help with determining the severity of the injury or ongoing problems or condition as a result of the injury.

In personal injury cases, medical records provide the best proof for damages. Hospital, doctor office, and physical therapy records are helpful with providing information about what injuries you suffered, what treatment you received, the amount of pain experienced, and how these injuries will or can affect the rest of your life. If you get injured, be sure you seek medical assistance immediately after your accident. Medical records prior to your injury are helpful with providing information on previous injuries and conditions.

In most personal injury cases, it is common for the insurance company to request an independent medical examination. The insurance company may hire a doctor to examine the individual and report findings. Laboratory test and x-rays may be necessary upon request. After all tests and examinations have been completed, the doctor will issue a report with details about the injury, treatment needed, and effects it may have on patients in the future. The patient’s personal doctor may also provide reports and letters in support of the claim.

You Must Provide Access to Your Records

Although an individual's medical records are usually private, it is necessary to provide access to them when filing a personal injury claim. The lawyer must review all medical records to determine whether there is enough evidence for the case. The lawyer must also give the other party access to these medical records if a claim is filed. According to state and federal laws, a medical records release form must be signed, which will allow providers to share these records with the lawyer.

Be Careful When You Talk About Your Condition/Injury

Being truthful is essential when answering questions about your injury or medical history. If you are concerned about the information you should or should not be sharing, you should discuss this issue with your Miami Personal Injury Lawyer. Your lawyer may also request that the court provide only a limited access to information that does not have any relation to your injury. You must also keep in mind that the doctor hired by the other party is trying to find information to damage your case. Therefore, you must keep your answers brief but honest. If you are not completely honest at this stage of your case, false information can hurt you in court.

Gallardo injury lawyers understands personal injury cases can be complex and require the professional assistance of a qualified Miami Personal Injury Lawyer. Reach out to us and we will help you with your case.


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