Make Sure Your Medical Records Help Rather Than Hurt Your Accident Claim

Detailed and accurate evidence is essential when pursuing a personal injury lawsuit after an accident. Ensuring your medical records support your injury claim following an accident is essential to getting a good settlement or verdict at trial. 

Obtaining Medical Records For Your Personal Injury Lawsuit

Obtaining your medical records related to treatment you received after an accident will help your personal injury attorney review the records and evaluate your claim. 

NOTE: You may have to pay a small fee for medical records. According to the Medical Board of CA:

“...pursuant to Health & Safety Code section 123110, a doctor can charge 25 cents per page plus a reasonable clerical fee. For diagnostic films, such as X-rays, MRI, CT, and PET scans, you can be charged the actual cost of copying the films. This only applies if you have made a written request for a copy of your medical records to be provided to you. “

 Below are a few key steps to make sure your medical records accurately reflect your accident claim: 

Seek medical attention ASAP after an accident

The adrenaline rush after an accident and potential shock can cause accident victims to feel “just fine.” However, no matter how good you feel, it is always best to have a complete physical and x-rays (if possible) after you have been involved in an accident. 

Pursuing prompt medical attention is critical after an accident. If you wait even a few days or longer, you leave room for the defense to suggest that you were injured some other way in the time lapse between the accident and your medical issues - which can compromise your case.

Once the police have taken down all the relevant information and everyone involved in the accident has shared their contact/insurance/driver's license information, assuming you were not transported from the accident scene via an ambulance, contact your general physician and see if they can fit you in within 24 hours or less. If not, head to an urgent care and get a complete physical, which begins establishing an accident-related medical record. 

This is not a time to “suck it up” or “be tough.” You should be 100% honest with the doctors about any unusual feelings, pain, discomfort, etc., that you experienced during and after the accident. Doing so will ensure you receive the testing, diagnostics, and care you require.

Request medical records through the providers’ online portal

Most healthcare practitioners have online portals. This makes it easier than ever for patients to download and print their medical records. If you visit your regular healthcare provider and you have a patient portal log-in, use it to sign in.

The site should have a tab or heading about your medical records. When you click through to that link, you will be able to request your records from specific physicians or specialists or from a certain period of time. 

Contact your physician to request your medical records

If you cannot access your records online, contact the hospital, clinic, or physician’s office by phone. In most cases, they will provide instructions to obtain your medical records. This usually involves filling out documentation requiring you to list your:

• Name
• Social security number
• Medical record number (if you have one)
• Insurance provider/member number (if applicable)
• The type(s) of records you are requesting (e.g., past visit, laboratory, billing, etc.)
• The relevant dates - accident to present (this avoids you having to sort through your entire medical records history to obtain the relevant records)
• Any other details requested by the provider

Medical providers and staff take HIPAA regulations seriously. For this reason, they will reject requests for records that contain even minor errors. Do not hesitate to reach out to your personal injury lawyer if you encounter any issues requesting your records. Personal injury lawyers request medical records on our client’s behalf every day and can assist you with the process.

Request copies of all X-rays, CT scans, MRIs, etc.

In addition to the medical records, you can also obtain copies of all the imaging done after the accident. If you were fortunate enough to have had images taken in the recent past before the accident, it is helpful to obtain those as well in order to evaluate if the accident caused any changes or worsening of pre-existing conditions. For example, maybe you went to a chiropractor for lower back pain the year before your accident. The chiropractor may have images from your initial visits, and those could be compared to the post-accident images to show the damage that resulted from the accident.

Imaging records can support your claims of injuries like whiplash, neck/shoulder/back fractures, or traumatic brain injury - along with some of the other most common accident-related injuries.

Seek support from a personal injury lawyer

If you were involved in an injury-related accident, we highly recommend consulting with a personal injury lawyer as soon as you can. Burneikis Law, P.C. offers free, no-obligation consultations to help victims figure out their next steps. 

Once a lawyer is on your side, they can help you obtain medical records related to your accident and all other relevant treatments, therapies, etc. Giving your lawyer the authority to obtain your medical records on your behalf reduces the amount of work you have to do and lessens the stress that can follow an accident. It will also ensure your attorneys have all of the information they need to move forward with your case. Remember that in addition to medical records, your attorney can connect you with esteemed physicians and clinicians to serve as expert witnesses in your case. These professionals are third-party, unbiased witnesses who use your medical records to explain your injuries and to justify the amount of treatment you received and the loss of work you suffered. They can also help explain the nature and extent of the long-term injuries, pain, or suffering you may suffer in the future.

Never release your records to an auto insurance company without legal support

As kind as they may seem, insurance claims adjusters are not your friends after an accident. Their job is to minimize payouts and maximize their employer’s profits.

Never sign a release authorizing the insurance company to order your medical records unless you have retained an attorney and have access to expert legal counsel. The insurance company is sure to use your medical records against you - rather than for you - by tailoring the documentation to suit their interests.

Burneikis Law Helps Clients Ensure Their Medical Records Help Their Case

You should never go at it alone if you have suffered injuries after an accident. Burneikis Law is here to serve as your guide through the process. Call our office at (510) 328-3238 or contact us online to schedule a consultation and learn more about how we can help you ensure your medical records support your personal injury claim.