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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