Personal Injury: Privacy In Medical Records


Posted February 20, 2018 by crowsonlaw

Crowson Law Group is a law firm of renowned professionals who focus on personal injury matters. The law firm has a track record of success relating to personal injury matters that it handles.

 
If you suffer an injury as a result of someone else’s negligence you may receive compensation by way of a personal injury claim. One of the most important aspects required in a personal injury case are medical records. Medical records determine the value of a personal injury claim. This article will discuss the possibility of keeping your medical records and how this will impact on your personal injury case.

Despite the type of personal injury claim you may be filing it is likely that you will be asked to provide documentation with regards to your injuries and provide the insurance company with authorization to view your medical history by way of signing a medical release. One lawyer from the Crowson Law Group stated that, “while the whole idea of having someone rummage through your medical history may seem like invading your privacy, which it is; these medical records need to be examined in order to assess the details and extent of your injuries as well as all treatment that you have received before a personal injury settlement is offered.”

One article stated with regards to medical privacy, “the Health Insurance Portability And Accountability Act (HIPAA) of 1996 is a federal law that ensures your privacy by protecting against unauthorized release or disclosure of your medical information. Medical providers cannot release your medical information without your consent. HIPAA also limits who can access to your private medical information, while ensuring that you can obtain copies of your own medical records.” In a personal injury claim your insurer, the opposing counsel and yourself need copies of your medical records. While the HIPAA provides some protection with regards to your medical privacy most insurance companies will require that you sign a release resulting in a waiver of such protection. So the next question is what are your options? The Crowson Law Group attorney stated that, “one of the available options is to restrict the release by limiting it to medical information that relates only to the injuries with regards to your personal injury claim. However, once you have made a personal injury claim you waive the right to privacy to all medical records that are relevant to those injuries. It is of the utmost importance that a plaintiff never sign a release that authorizes access of their entire medical history.”

The insurance company or defense counsel is likely to request a medical authorization so as to fully access your claim. By signing the medical authorization you are committing the insurance company or defense counsel to have access to and obtain copies of your medical records and information. It is important that the request for medical authorization be reasonable and be restricted to information and records that relate to your alleged injury and the treatment that you received with regards to the injury.

It is also necessary to note that insurance companies and opposing counsel sometimes use a medical authorization to try and get information that is not related to the accident or the alleged injury as a strategy to dig up something in your medical history in order to undermine your claim. Hence, the importance of ensuring that all medical authorization you provide is narrowly drawn and restricted to information and records that relate to your current claim.

For legal advice and representation with regard to medical privacy and restrictions contact top lawyers in Anchorage Ak [https://www.crowsonlaw.com/].

About the company:
Crowson Law Group is a law firm of renowned professionals who focus on personal injury matters. The law firm has a track record of success relating to personal injury matters that it handles. For a free case evaluation from Crowson Law Group contact lawyers in Anchorage Alaska [https://www.crowsonlaw.com/].
-- END ---
Share Facebook Twitter
Print Friendly and PDF DisclaimerReport Abuse
Contact Email [email protected]
Issued By https://www.crowsonlaw.com/
Website top lawyers in Anchorage Ak
Phone (907) 677-9393
Business Address Crowson Law Group 637 A St. Anchorage, AK 99501
Country United States
Categories Law , Legal
Tags contact lawyers in anchorage alaska , top lawyers in anchorage ak
Last Updated February 20, 2018