Medical records play an important role in any personal injury case. In most instances, the claimant and the defendant, as well as their attorneys, will have access to the relevant medical records. These records are often the focus of any personal injury case.
Any healthcare provider that treated the injured party for physical injuries subsequent to the accident will have records containing all treatment provided as well as a list of the medical bills. At some point during the claims process, the defendant, or at-fault individual or business, will want to acquire those medical records. In some cases, if the patient does not permit the release of these records due to privacy concerns, the opposing side may then draft a medical records subpoena which will force their release.
When you or someone you care about has been injured in any type of accident, it is an excellent idea to speak with a knowledgeable Chicago personal injury attorney before signing anything, including for the release of medical records relating to your case.
In most cases, you can draft a request for the release of your own medical records. You will need to include certain personal information including your name, social security number, date of birth, address, and patient account number. You will also need to specify the date range or simply that you want all the records they have. Furthermore, your attorney can request your medical records as long as you give signed and dated written consent.
Reasons for Releasing Medical Records
There are several advantages to all parties being able to access all the medical records relating to a personal injury case. These include allowing both sides to assess the physical injuries and viability of the claim, providing proof of physical injury, and helping to calculate damages sustained by the injured person. Medical records are also a means to ensure the at-fault party avoids paying for preexisting injuries.
When a personal injury is related to a medical malpractice claim, these records allow other doctors and expert witnesses to assess whether the standard of care was met, and whether or not the injury sustained was due to substandard treatment.
Seek Counsel from an Experienced Chicago Personal Injury Attorney
At Shea Law Group, we have handled thousands of personal injury cases and we have handled hundreds similar to yours. Reach out to us at (877)-365-0040 and let us help you determine the best course of action for your particular situation. You have nothing to lose, as we never charge a dime unless we win your case for you.
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