Thursday, March 26, 2020

The Role Of Medical Records In Personal Injury Cases


If you had an accident and you sustained injury due to someone else’s (legal) fault, you may be eligible to get compensation for your medical expenses, wages and other damages which happened due to the accident. A personal injury lawsuit is essential for civil justice in the country as it helps the victims of an accident with financial aid to not only recover from injuries but to move forward in life. Evaluating and deciding the compensation amount for the damages one sustained is one of the most important and tricky points in a personal injury suit negotiation. Your medical records can give a great deal of insight for not only illustrating the extent of the injury but to highlight the ongoing challenges.

Calculating Damages

Well, first off, medical records provide the proof of injuries you’ve sustained. That’s one of the most important factors while calculating damages. Actual records of hospital visits, doctor’s appointments, surgeries (if any) as well as ongoing treatment (if any) records can illustrate the injuries you suffered and how these injuries have impacted and will continue to affect your life. For Attorney’s dealing with the claim case, medical records are the most critical elements while calculating and deciding on claim value.

How Your Medical Records Affect The Defense

When you file a personal injury claim case against an individual or a company, you’re most probably going against their insurance company. These insurance companies in most cases will ask for an independent medical investigation to ensure a fair assessment of your injuries. The doctors who work for insurance companies will provide a report of how he or she believes your injuries will affect your life emotionally and financially. A jury may or may not consider these records to determine the claim settlement value.

Patient Privacy

As a patient one will always want complete privacy regarding their medical records under the Health Insurance Portability and Accountability Act (HIPAA). However, a personal injury case obliterates much of this privacy. Your attorney has to review your medical records to assess the strength of your case. These records are also required to be given to the opposing counsel. HIPPA and state law requires you to sign a medical record release form in order for providers to release and share your medical records with attorneys regarding your case.


Medical Records Will Never Lie

Medical records are one of the most important and strongest forms of evidence in your personal injury claim case in our legal system as they provide the most accurate picture of how injuries have and will continue to affect your life. It is absolutely imperative that you tell the truth when speaking about your case with your attorney in order for him or her to be able to help you build a strong case. Altering or misrepresenting the truth will undermine the genuineness of your personal injury claim.
ITCube BPM work with personal injury attorneys and medico-legal companies to help them with medical records organization and summary. We are an ISO ISO/IEC 27001 certified and HIPPA compliant company and while working with these clients for medical summary we ensure that we protect your privacy and summarize records that can help strengthen your case.