The best way to protect your privacy and medical records, is to follow a personal injury lawyer’s advice.
Who has the right to view your medical records?
If it comes down to it, and your insurer claims that your injuries do not stem from the accident, you will have to bring forward your medical records as evidence. The chances of this happening are very high since insurers are known to fight tooth and nail so they won’t have to pay benefits. However, to know which medical records are necessary in this case, it is wise to refer to your personal injury lawyer in Lindsay.
When it comes to litigation, your medical records will be brought forward during the part in which the documentation of your injuries is brought up and presented to the other side. As before, your lawyer will help you choose the right records.
Who will get to see your medical records?
In case of a motor vehicle accident, an insurance adjuster will be the one to review your records. If litigation is required to settle the claim, a defense lawyer will also review them. In a tort claim against another, a third, party, the defense lawyer will be the one to review them as well. The defendant generally plays a small role in the litigation process and will only be involved as far as questioning under oath goes so their chances of viewing your medical records are slim to none.
Why would the defense require your medical records?
The defense will want to ensure that your injuries truly stem from the accident and thus, will want proof that you went to get medical attention and a professional diagnosis following the incident. They will also seek proof that no pre-existing condition was present that you later on claimed stemmed from the accident. On top of this, they will also check the severity of your injuries by reviewing whether or not you have already reached full recovery or not.
Can you deny the request for access?
No law is present that requires you to allow access to your medical records. There is no situation in which you will have to disclose information that may cause you harm, especially when it comes to information in no way related to the case at hand. Withholding vital information, however, can complicate your seeking of compensation.