Requesting and Reviewing Medical Records for a Personal Injury Case

Requesting and Reviewing Medical Records for a Personal Injury Case

Medical record retrieval services and medical record review for attorneys are useful services that help attorneys with a concise summary of the vital medical facts

MOS Medical Record Review 8596 E. 101st Street, Suite H Tulsa, OK 74133

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In a personal injury case, the injured person and the defendant on the other side will want to acquire the relevant medical records for medical record review, the process which will help identify causation. Medical record retrieval services and medical record review for attorneys are useful services in this regard, helping attorneys with a concise summary of the vital medical facts and their relevance. Medical records are the prime focus in a personal injury case where the claimant is hoping to obtain compensation for the injury sustained from the entity at fault, whether a person or business. It is natural for the injured person to seek medical treatment for the injuries, and the records of all treatments undergone as well as the medical bills will be kept at the hospital or treatment center.

Requesting Medical Records 

A request for the release of the required medical records can be drafted in most cases. The request should contain the demographic details of the patient. The request can be for all records, specific records or records during a certain period.

Some US states require the request to include the law/statute that allows the release of medical records to patients themselves or authorized third parties.

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If the claimant gives a signed and dated written permission, his/her attorney can request the records.

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The requests can be sent by regular mail or faxed.

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It is important to call the medical providers concerned to confirm receipt of the request.

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The medical provider may ask a certain fee for medical records release and to cover postage expenses.

It is not always easy to obtain the medical records because they may be denied, especially if the patient is unwilling to release the records.

Why Deny Medical Records Release?

Suppose a person is injured when he slipped and fell on the snow outside a travel agency office and is pursuing a personal injury lawsuit against the agency. The travel agency may have some reason to believe that the person’s injury was caused as a result of some other earlier accident and may want the medical records. In this case, the records may be denied

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on the basis of privacy concerns with the injured person claiming that the medical records are protected by physician-patient privilege. This claim is unlikely to hold ground because the claimant had already relinquished the physician-patient privilege by opting for a lawsuit and placing his/her health and injury details at issue.

In such cases, a medical records subpoena may have to be served on the claimant’s medical providers. The subpoena has to be drafted taking into account the specific state laws as well as the HIPAA requirements. The former lay down standards for medical providers within the particular state, whereas the latter sets standards for providers across America. If there is a conflict between HIPAA standards and the state standards, the most protective rule or law holds sway.

Why Obtain All Medical Records Pertaining to a Personal Injury Case? 

They provide evidence of physical injuries.

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Both sides can evaluate the physical injuries and the feasibility of the case.

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They enable comprehensive medical record review that will help determine the actual cause of the injuries.

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Pre-existing injuries can be identified for which the defendant need not pay.

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Medical records with accurate documentation help to calculate the damages sustained by the injured person.

www.mosmedicalrecordreview.com

1-800-670-2809