When it comes to car accidents, there is just one thing that stands out when it comes to the notice after the chaos and the suffering that people are going through. It is the medical records. They do hold a lot of importance when it comes to car accidents.
These records, for a lot of people, are just documents that have information about the condition of the patient. However, these documents have the most important things mentioned in them that can help you decide on the amount of compensation that a party deserves.
A car accident attorney can help a lot in the collection of the correct medical records that can help later in the case.
Table of Contents
Importance of Medical Records
The medical records do hold a lot of importance as they help a lot in building a case. These include a number of factors that show that without their role, a case can be really not strong.
Quantification of the Damages
Medical records not only establish the cause of the injury, but they also are great in knowing the quantification of the damages that occurred.
Now, it must be remembered that this not only focuses on the medical expenses that occur in the current time but also the ones that will be occurring in the future. This is for the victims who need to get treatment, rehabilitation, or therapy going on even after the accident has occurred and they have been discharged.
Establishing a Link
One of the major functions of medical records is to form a link between the injuries that have been suffered by the victim and the car accident that has occurred.
Moreover, it is not enough merely to claim that the injuries were caused by the accident; evidence must be provided in support of those claims. Medical records do make sure that the injuries that have been caused are a result of some accident.
Account of Injuries
Medical records can also be called the account of injury that exactly mentions how many injuries have been suffered by the victim.
These documents cover not only the first diagnosis but also follow-up treatments, progress notes, and expert opinions from healthcare professionals. This does paint a picture that shows the extent of the injuries that have occurred and also the steps that have been taken to heal them.
Professional Opinion
When it comes to medical records, it does contain the opinion and the take of the professionals. These opinions of the professionals can play a huge role when it comes to taking things legally.
Surgeons, physicians, and specialists who have experience in treating the victims can help in providing testimony based on their medical expertise and the observations that they keep. A personal injury attorney says that it is what strengthens the case even more.
Legal Ways to Obtain Medical Records
Getting the medical records is one of the difficult and critical tasks that can help in building a strong case.
There are some of the steps that are involved when it comes to getting the records. These are;
Consent and Approval
Normally, it has been observed that the cases of the victims are quite private and confidential. These are protected by the privacy laws like the Health Insurance Portability.
The person affected in the accident has to provide an express agreement or approval from a healthcare professional granting permission for their health information to be made public in order for such records to be accessed.
Asking the Healthcare Experts
A formal request is sent to the healthcare providers from the legal team of the victim’s lawyers or the plaintiff. They ask for the medical records that can be further used in the case. And with the help of a lawyer, you’ll know who pays for car damage in a no-fault state.
All of these requests are made to adhere to the timelines and the requirements.
Costs and Fees
Healthcare experts are also seen a lot of times asking for some fee when it comes to providing medical records. It must be remembered that all of these costs must be according to the rules and regulations of the court and the law.
Acceptability in Court
In order to make sure that the medical records are accepted in court, the lawyers have to put a lot of work into it. Proper procedures must be followed and meet the requirements to introduce the records as evidence when the trial is going on.
Conclusion
Getting the medical records and putting them to the proper use when it comes to car accidents is not something very easy to do. There is a lot of effort that goes into that. In order to seek justice and proper compensation for injured victims, these records are the foundation upon which case law on injury has been prepared; its accessibility and adequacy must be ensured.
