After getting into an accident due to someone else’s negligence, you are entitled to get compensation for your injuries, lost income, additional compensation for your mental pain and suffering, and other damages. You can do so by filing a personal injury claim. However, when you file a claim, the first thing your insurance company will demand is your medical records.
Your medical records are asked to determine whether your injuries resulted from the accident or previous injuries. However, your medical records are private data that can contain loopholes that your insurance company will use against you to deny or reduce your compensation. Attorneys from Naqvi Accident Injury Law can help you navigate through the insurance company’s tactics and ensure you get fair compensation.
The law protects your medical records.
Fortunately, the laws protect people’s privacy from releasing medical records to anyone. As per the Health Insurance Portability and Accountability Act of 1996, all citizens are guaranteed protection of their sensitive data and private medical information. No one has the right to release your medical records to review them without your consent unless demanded by the court.
However, it is worth understanding that even though the laws protect releasing your medical records, certain rules exist. Various professionals will be granted access to your previous medical records, including law enforcement, healthcare providers, and activities about public health. When pursuing a personal injury claim, you can release your previous medical records with your consent.
If you want to get access to someone else’s previous medical records, you can do so under these cases:
- If you are an attorney and you need previous medical records for your client.
- Your minor children.
- If you are a legal representative of a demised person.
If you file a personal injury claim, you will have to provide access to previous medical records to your insurance company. In such cases, you can release it only with your written consent.
Let your attorney handle your case.
Your medical records are private data that should be protected. If you are unaware of your rights, the insurance company will violate your rights which you may not even notice. Therefore, before you decide to release your medical records to the insurance company, you should allow your attorney to review them. After reviewing your medical records, an attorney can determine what information you should release to the insurance company to get maximum compensation and avoid getting trapped by the company.