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Requesting Medical Records: Protect Your Confidential Information...Requesting medical records is a part of the settlement process you should be prepared for.In a personal injury claim there's a lot of information passed between you and the adjuster. Some you'll give willingly, some you'll be required to give. For the most part, there's not a lot of information either party is legally entitled to until your claim becomes a civil lawsuit. This is a step in the settlement process that everyone wants to avoid. Requesting medical records is one of the most important keys to your claim. Everyone will want to see these records. Surprisingly though, not every state gives patients the right to see their own medical records. For the most part it's written into law that anyone can receive copies of their own medical records upon request. In places where that isn't the law, you might run into a problem. Chances are the doctors will give you your records willingly, especially if they know it's to back up your personal injury claim. However, this isn't always the case. If you can’t get your records, try to proceed without them. But if you have a lot riding the case you may have to seek a personal injury lawyer's help. Even when the adjuster has records that back up your medical claim, they still might not be satisfied. It's perfectly within their rights to request other medical records or a letter from your doctor. A letter from the doctor can be useful to both you and the adjuster. It will inevitably be written in clearer, more easily understood terms than the notes inside a medical chart. While it's within the insurance claim adjuster's rights to request this, you're not obligated to give them permission. If you don’t believe there is a legitimate reason for them requesting medical records, you can respectfully deny them the right. There's nothing wrong with protecting your privacy. Besides, there's a good chance the adjuster is just fishing for ways to make your case look weaker. Talk to your doctor first to ensure the letter will be favorable before signing permission to release it to the adjuster. If you're making a bodily injury claim through your own insurance, you may be asked to submit to an independent medical examination. Generally, this is only required when it's stipulated by the rules of your insurance coverage. If you do have to get an independent medical examination, bring along a third party to witness it. Have that person take notes about how long the exam took, what the doctor asked and so forth - videotaping the exam is also a possibility. If the final report isn’t favorable for your injury claim, the witness and their notes can possibly demonstrate that the exam wasn’t fair or accurate. The insurance company has the right to put you through the exam, but you have the right to question the results. When making a third party claim, you're not really entitled to a lot of information under the law. The adjuster can withhold quite a bit from you and the defendant isn’t obligated to give up evidence. If the medical claim goes to court though, you've got the right to examine their evidence. Plus, you're able to get records on just about everything about the defendant. Of course, the same is true for them requesting medical records and other evidence about you. Return from Requesting Medical Records to Negotiation Strategy Return from Requesting Medical Records to Personal Injury Settlement Guide How Much Is Your Case Worth? Find out NOW! Complete this form for a FREE case review by an experienced attorney... The accuracy of information on this site is not guaranteed. Information on this site is strictly opinion and should not be considered formal legal advice. Under no circumstances should the information on this site be used to make decisions about the proper course of a legal matter. Click below to read our full User Agreement, Disclaimer and Copyright Information.
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