Each time you go to your doctor’s office and consult with your physician, your encounters are recorded and stored in your personal medical record. After any accident, whether in a car collision or slip and fall accident, injured individuals often visit their doctor to treat their injuries and document their recovery in their record. In a personal injury lawsuit, you may encounter different forms to sign from insurance companies, to which you are either authorizing them to have access to your medical records or any other information they request.
It is crucial to have the correct information about what you are sharing with insurance companies and how it can affect your case. At Mintz Law Firm, our personal injury attorneys are eager to help our clients understand their rights and feel at ease. Continue reading to learn more about sharing medical records with insurance companies in Colorado.
To pursue compensation for injuries after an accident, you need to prove negligence on the part of the liable parties. Whether in a car accident, or other accident, many people suffer severe injuries documented with their doctors. As soon as an accident occurs, insurance companies may contact you to get a statement from you about what happened and the extent of your injuries. In addition, they will ask questions and request information that will discredit the proof of negligence and give them a reason to avoid payout in a lawsuit.
When you sign an insurance company’s request to access your entire medical record, you may be giving them the ability to discredit your claim and deny it. They will look at your records in an attempt to claim that your injuries were pre-existing or not the result of the accident that occurred. This could decrease the payout or value of your claim if you cannot prove your current injuries are the result of the accident. Speaking to a skilled attorney before speaking with insurance representatives can help you make the right decision and keep your case on track for compensation. Our legal team can help you only provide the insurance companies with the necessary information in your case.
Anytime medical records are requested, they are not allowed to be released without a patient’s written consent. According to the Health Insurance Portability and Accountability Act of 1996 (HIPAA), healthcare professionals cannot disclose medical records without a patient’s consent, including to any attorney or insurance company. Wrongfully, signing a blanket release form gives the insurance company access to any medical records, regardless of how long ago anything occurred. Insurances may use this to find your past injuries and pre-existing conditions and use it against your claims.
In Colorado, the law recognizes the privacy and confidentiality of patients’ medical records. The Colorado Supreme Court decision in Alcon v. Spicer determined that it was only necessary for current medical records related to the personal injury case to be released in the plaintiff’s case. Insurance companies will do everything in their power to gather any information needed for them to avoid litigation. You must understand your rights and know that injured individuals do not have to disclose their entire medical record to any companies, as this often does not help their claims.
Insurance companies use the information they request to build a rebuttal in your personal injury claim. By limiting the information they receive to what is needed and necessary, you will help your case for current injuries resulting from an accident. Working with an experienced attorney on your case will help you understand confidentiality and disclosure. You are only obligated to release current records related to your case, and an attorney can help you throughout the process.
A personal injury attorney understands the law and can ensure that insurance companies do not overreach their boundaries to access your records. This information, once disclosed, is only used for your case. Insurance companies should not have the right to pass along your medical records or dig into the past medical history in your records.
At Mintz Law Firm, our expert personal injury lawyers understand what is needed to help your case succeed. After an accident, you may encounter many phone calls and paperwork from the liable party’s representatives to try and dispute your claims. Our legal team provides sound legal advice that helps your case and leaves you at ease throughout your recovery time. Reach out to our office through our contact form or give us a call at (303) 462-2999 to schedule a free consultation with our law firm.