There are many ways that you can get seriously hurt without being at fault yourself. Car accidents, workplace hazards, and other accidents are common in urban centers across the United States, which is why you need to know about Las Vegas personal injury claims. If you find yourself injured because of the fault of another party, you may be entitled to adequate compensation covered by your insurance provider to help with medical bills, lost income while you cannot work due to temporary or permanent disability, and added compensation for physical and mental trauma.
However, insurance companies that are meant to provide a safety blanket for such situations often use grilling tactics to devalue your personal injury claim. With the help of a professional attorney, you can avoid this and ensure that you are fairly compensated under the law.
For personal injury claims, there are many legal exercises that you and your legal representative need to consider. In any Las Vegas personal injury claim, one of the first documents your insurance provider will ask for is your medical records. These records can be highly private and may include loopholes that your insurance company may use to prove that your injury was the fault of a previous medical condition or accident, and not because of the opposing party’s negligence.
To help protect your personal data, an attorney can decide how and when to release medical records while keeping your privacy and personal interests safe from exploitation.
What Laws Protect Medical Records in Las Vegas Personal Injury Claims?
Fortunately, federal laws are in place to protect the privacy of citizens when it comes to releasing medical records to any other party. According to the Health Insurance Portability and Accountability Act of 1996 (HIPAA), citizens are guaranteed the protection of sensitive and private medical information. Without your due consent, your medical records cannot be released for review, unless mandated by a judge or a formal court ruling.
Under privacy rules, a list of “covered entities” may be granted review of your past medical information. This includes healthcare providers, law enforcement, and activities related to public health. Workers’ compensation is also part of the list, and you may release your medical records with consent when pursuing any personal injury claim.
With written permission, you may grant a review of your medical records to your attorney, or your insurance company if needed. Additionally, you may also request the medical records of another person under the following cases:
- Your children (underage)
- A deceased person, if you are the legally appointed representative of their estate or next of kin
- Your attorney or your client (if you are an attorney)
When to Grant Access to Medical Records in an Injury Claim:
There are several instances where granting access to your medical records becomes important. Most noticeably, your current doctor or healthcare provider may need medical records for diagnosis and to review past medical tests and reports. In another case, your attorney will need access to medical records in an injury claim.
When it comes to granting access to an insurance provider, your medical records can be the most important piece of evidence to protect your claim and to prove that your injury was caused by a defaulter. Your medical records will also include bills, which can be an essential component for deciding on your due compensation. Your attorney can review your records and advise on what and when to share your private information.
Although you are not legally obligated to release such information in any other cases, a judge may mandate that you share your medical records in a lawsuit. This may be complied with or objected, based on a legal reason. A lawsuit will usually ask for medical records to prove that the injury in question was not caused by a previously existing medical condition that you are suffering from, and can also help reflect on the mental and physical trauma caused. Your lawyer can advise you best on this matter based on the facts of your legal case.
Manage Your Personal Information in Injury Claims with an Experienced Attorney:
The Nettles Morris Law firm holds decades of experience in handling Las Vegas personal injury claims. With a dedicated team that is well aware of the tactics your insurance provider may use against you, our firm is committed to keeping your personal medical records private and confidential and can advise you best on how to maximize your compensation claim. Contact today and protect your information.