Wednesday, October 26, 2016

The Need For Medical Records in Car Accident Cases

When you get injured in a car accident and you’re planning to file a case, medical records are of utmost importance. These will help the court see the scope of the injuries and prove your claim that it was the defendant’s fault. Hospitals, clinics, or other treatment centers will have all your records; however, you can’t just get these from them due to privacy concerns. There are steps to take when getting your medical records with the help of your Oklahoma car accident lawyer.

Request for Release

You have to send a request for the release of your medical records. You can also authorize your lawyer or another third-party to get the records for you. In the request, personal details such as the patient’s name, account number, address, social security number, and date of birth must be included. The request should also specify the records needed. You can ask for medical records done on certain dates or you can request for everything the hospital has about you.

Denial of Request

There might be instances that a request may be denied. This often happens when the defendant requests for the plaintiff’s records without the latter’s permission. When this happens, a subpoena can be sent to the treatment center. A medical records subpoena should meet the standards and regulations set by the federal Health Insurance Portability and Accountability Act of 1996 to be accepted.

Getting the medical records should be done properly to avoid conflict, helping ensuring the smooth flow of your case. Once you have the records, your lawyer can build a stronger case in which they can prove the harm done to you and calculate the damages you can recover.

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