When you file a personal injury claim, you need to understand that your medical records are going to be a main focus, since you're asking for compensation for injuries from the at-fault party.

When you file a personal injury claim, one of the first things to understand is that your medical records and medical history are going to be a main focus, since you're asking for compensation for injuries ("damages") from the at-fault person or business.

Any hospital or health care facility where you sought medical treatment will have records of the care provided, and the cost of that care. And at some point in the case — especially when a personal injury lawsuit is filed — both your lawyer and the "other side" (the at-fault person or business, usually through an insurance company or attorney) will want to see those medical records.

AUTHORIZATION FOR RELEASE OF MEDICAL RECORDS. If you've decided to sue for personal injuries, your lawyer will almost certainly ask you to authorize the release of your medical records. This request will typically include the patient's name, social security number, date of birth, patient account number, and the patient's address. It may also ask for specific records, records during a certain date range, or simply all records in the care provider's possession.

Your lawyer can request your records on your behalf if you give written permission that is signed and dated. The request can be sent via regular mail or fax, and many larger care providers allow patients to request records through an online portal. If you mail or fax the request, it's usually a good idea to call the medical provider to confirm receipt. Many providers charge a fee to release records, and to cover postage when they mail the records out. Depending on the medical provider, you may be required to pay the fee before the records are released. However, federal law limits the amount medical providers can charge patients for their own records.

PRIVACY CONCERNS. Each state has specific standards for acquiring medical records for a legal purpose. When preparing a medical records request or subpoena, you must be aware of state laws and the federal Health Insurance Portability and Accountability Act (HIPAA) requirements. The HIPAA Privacy Rule sets standards for records across the nation.

REASONS FOR RELEASING MEDICAL RECORDS. There are several advantages to having all medical records relating to a personal injury case:

* It allows both sides to assess the physical injuries and the viability of a particular case

* It provides details on the nature and extent of the claimant's injuries

* It helps calculate damages sustained by the injured person, and

it allows a medical expert or medical professional to analyze the records to determine the cause of the injuries or, in a medical malpractice case, to determine whether doctors exercised reasonable care.

If you've been injured because of someone else's negligence or recklessness, give us a call at 253.858.5434 to set up an appointment for a free consultation today.