Tuesday, July 10, 2012

Does My Personal Injury Claim Forfeit My Privacy?

Release of Past Medical Records People often ask: why do I have to give my medical records to the insurance company for things that happened before the accident? Accident victims have a very legitimate concern that personal information of health issues that have nothing to do with the accident injury should be turned over to a big faceless corporation such as the insurance company. The initial reaction to a request for prior medical records is that it is none of the insurance company’s business. Unfortunately under the law the insurance company does have every right to obtain these records of past health issues and procedures before they will make any payment of a claim. The reason for this is that the insurance company for the person who caused the accident is responsible only for the injury caused by the accident and not for any prior injury or condition which may have contributed to the victim’s physical problems. So in order to be sure that there is not something in the victim’s past that is partly to blame for the injury, the insurance company will insist on getting all past medical records for 5 or 10 years before the accident. A typical example is a person who has had back pains in the past and has, perhaps, received some treatments from a chiropractor. When that person is rear-ended with a resulting flare-up with pain in the back, the insurance company will claim that not all of the injury is caused by the accident, but is attributable to the back problems which existed before the accident. To help people understand the process for pursuing an injury claim Don Lowry as written a book Guide for the Prospective Injury Client. To get your free copy sign up at http://www.lowrylaw.com/reports/the-big-secrets-about-maine-injury-claims-what-no-one-is-telling-you.cfm or call Lowry & Associates at 1-800-999-LEGAL (5342).

5 comments:

  1. The fact of the matter is, there are limitations as to how an insurance company can do their research. There would be a violation of the law throughout the litigation if the defendant(s) conducted ex parte communication, disclosed past irrelevant medical records, and invaded privacy by revealing non-related medical condition WITHOUT consent or authorization from the plaintiff. Besides, a doctor may NOT release private medical information if there is no legal consent handed over by the plaintiff.

    Jonie Ott

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  2. I think insurance companies are worried that people might have past medical conditions that could be aggravated. But that is still something that is associated with the injury, and the reason why those complications came out again was because of the accident, which simply means that it is still covered by the insurance.

    Ethan Rehman

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    1. Good point Ethan, no matter what kind of injury or sickness happened, whether or not it happened before, if it is because of the accident, therefore, it must be part of the coverage.


      Amy Baron

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  3. It is always a good idea to hire a personal injury attorney who is knowledgeable in medicine. It would be easier for that said attorney to deal with medication and treatment issues, since he or she has a working background on the matter. The attorney would be able to defend his client effectively, as he is learned in medical matters.

    Maggie Malone

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  4. Your medical records are very significant to the outcome of your case. Hence, it is required that you present them to the court when you file personal injury claims. HOWEVER, there is a limitation on the extent of information that can be shown and the laws governing this differ from one state to another. Hence, it’s important to ask your lawyer regarding the laws that cover your medical record privacy, so you can plan accordingly.

    Raleigh Crowl

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