New York City Personal Injury Law Blog

Hire Our Personal Injury Lawyer if You want to Obtain Your Medical Records

Posted on Aug 28, 2015 in Uncategorized

Our personal injury lawyer has the experience and the right connections to help you gather medical records

Medical records are one of the most critical pieces of evidence in a personal injury lawsuit. They prove that you have been injured in an accident, the extent of your injuries, the short- and long-term expenses you have to incur for medical treatment, psychological counseling, and/or rehabilitation, and the other losses you may have suffered—lost time at work, loss of earning capacity, and degradation in the quality of life—as a result of the injuries.

A personal injury lawyer such as those from the law firm known as Rosenberg, Minc, Falkoff, and Wolff can help you gather the relevant medical records to calculate your exact losses and improve your chances of receiving the compensation you deserve.

Collecting medical records can be an uphill task in a personal injury case

Collecting medical records can be an uphill task in a personal injury case.

The law firm of RMFW Law in New York has been practicing for over three generations. Throughout the years in practice, the firm has helped countless victims of personal injury cases collect the medical records they need to build their cases and receive compensation for their losses.

Your Medical Records are Pivotal

Your right to obtain medical records that would be admissible in a court of law is governed by a set of rules specified in the HIPAA. Of course, you can claim copies of your own medical records. Besides, you can claim the medical records of another person who has been the victim of a negligent act in the following instances:

  • If the victim has appropriately authorized you, in writing, as his representative
  • If you are the legal guardian of the victim who may be a child or an adult
  • If the victim is your child, except when parental consent to medical care is not required, the child and the medical provider share a legally confidential relationship, or the medical care is provided at the direction of the court
  • If a will appoints you or a court of law designates you as the representative of the deceased victim’s estate and responsible for settling his affairs
  • If you are a blood relative of the deceased victim and certain information contained in the medical records, like the details of a genetic condition, may also be relevant to your own health

You are, however, not permitted to view or obtain the following types of medical records:

  • Information regarding psychotherapy
  • Information that the medical provider intends to use in a lawsuit
  • Information that the medical provider believes will endanger you or another person

According to the guidelines of the HIPAA, medical providers are obliged to provide you with copies of the records within 30 days of you submitting your request. In some states, this period is shorter. According to the laws in some states, the medical provider must let you see the records before they provide you with the copies.

Improving Your Successful Lawsuit Odds

Our personal injury lawyer is well-versed in the nitty-gritty of the HIPAA. For instance, he knows that the medical provider is obliged to specify the reason if there is a delay in furnishing copies of the records. It must also provide a reason, stated in a denial letter, if it rejects your request to obtain copies of your medical records. However, you can appeal a denial if you think it is unfair. Our personal injury lawyer will help you gather the medical records you require for your case while sticking to the guidelines of the HIPAA.

We Earn Our Keep

Call our qualified and experienced personal injury lawyers for a free consultation at 212-697-9280. RMFW Law has offices in Astoria, Queens, New York City, and at two other locations in Brooklyn. We are easy to reach, but our personal injury lawyer will gladly visit you if you are unable to make it to one of our offices.

Comments

I Chose The Right Attorney - “Attentive, Professional and Know About the Law…”

I referred Rosenberg, Minc, Falkoff & Wolff to a friend needing help with a birth injury & medical malpractice case. Having worked with founding partner Daniel Minc myself on a car accident case, I was sure they would be able to deliver results.

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