In a personal injury case, injured victims can recover money damages for the work they’ve been forced to miss, the pain and suffering they endured and may continue to endure, and for changes in their ability to work in the future. However, one of the most significant costs victims can recover is for medical expenses.
As victims pursue justice, they’ll need to prove the extent of the damages they’ve sustained. Personal injury medical records provide the main source of evidence showing what the victim’s injuries are, what treatment they’ve received, and what they’ve had to pay for them. Securing this information is essential to advancing a successful personal injury claim.
After an accident, many pieces of physical evidence can fade, get lost, or disappear entirely. Skid marks from an auto accident can fade or get washed away while unsafe workplace conditions may be fixed after a workplace fall. However, there should be a paper trail providing critical evidence to substantiate injury claims in the form of medical records.
These medical records should be produced whenever a licensed medical professional interacts with a patient. This documentation might go back as far as the immediate aftermath of the accident in the form of EMS case notes. These documents indicate the initial appearance of the accident and can show how effective treatment has been since that point.
Additional records include the diagnostic tests and lab reports done after a patient goes from EMS to a hospital or physician. These can show whether the first responders were accurate in their assessment of the patient’s condition or whether the injuries were substantially different than first thought. Physician’s notes about the patient and their recovery, prescriptions, and physical therapy notes can all be vital injury claim documentation as well.
Another critical medical record for personal injury claims are bills. Hospital bills, prescription medication costs, lab and test costs are all recorded by the providers form the bulk of damages sought in a personal injury claim. When a personal injury attorney first files the claim or lawsuit, these costs will be some of the first costs calculated and included in that claim.
These bills will show to a judge or jury how much an injured victim has been forced or asked to pay as a direct result of their injuries. They’re powerful proof backing up an innocent victim’s claims. However, they’re not the only useful medical records.
The medical records listed above also help to show the extent of the injuries and how successful treatment has been. Medical expenses aren’t the only cost recoverable in a personal injury claim. Victims can pursue the lost wages they’ve endured while recovering from their injuries and any disability or reduction in their ability to work as a result of the injuries.
The medical records can show that the injuries prevented a victim from working because the doctor specifically mentioned that information, or the nature of the injuries implies that work was not possible. Additionally, notes that mention that treatment has caused the patient to stabilize but not fully heal can potentially indicate a permanent total disability preventing that person from working.
While these medical records can help injured victims substantiate their claims, there’s also a justifiable concern that these records could be used to attack and undermine the victim’s injuries. It’s important to understand your rights regarding personal injury medical records to avoid letting them fall into the wrong hands.
Under North Carolina law, G.S. § 8-53, only the patient or the executor of their will (or their next of kin if there’s no will), can release medical records. Otherwise these records are kept confidential. That means if an insurance company is requesting or demanding that you release your medical records to them, you do not have to do so. If they want to get your records, they would have to subpoena them.
If you have legal representation, you can give your attorney access to your medical records through a signed release form. The attorney can then request medical records from your healthcare providers directly. These providers may first verify with you to confirm the release of medical records before sending it to your attorney. With this information in hand, the attorney can begin piecing together the extent of the injury claim itself.
In some instances, a provider or facility may ignore an attorney’s initial request for injury claim documentation. When that happens, the attorney can subpoena the medical records according to North Carolina’s Rules for Civil Procedure<. This process may extend the process, so patients may find it useful to follow up with their physicians to encourage them to provide the required documentation.
In many cases, the medical records are not as complete and clear as above. One physician may leave detailed notes, while another only offers a sentence or two at most. Without this information, an injured victim may find it hard to prove how impactful the injuries have been on their life. That’s when having an experienced, diligent attorney working for you matters. At The Downer Law Firm we provide fierce advocacy, open communication, and conduct thorough investigations to get our clients every penny they deserve. Contact us today for a free consultation regarding your case.
