I was injured(back and neck) by someone elses negligence. Is their insurance company entitled to ALL of my medical records, or only the ones pertaining to my back/neck injury? I dont think its thier business how much I weigh, my blood pressure,my allergies, my cholestorol, my GYN history, or unrelated medical problems I had years ago that are not related to this injury. Would my medical records be read in court if it went to court? Would the whole jury be seeing what type of birth control I use, how long my periods last, etc??
? I will also add that my atty is a friend of my family, I would prefer he not see my GYN records lol
mbrcatz
Yes, they're entitled to ALL the records, to see if there's any possible way, your current claim could be related to a prior medical condition or injury. YOU don't get to pick and choose which records the insurance company can see.
No one will take YOUR word for it, that other medical records are irrelevant. Think about that!
You cannot win a lawsuit, in court, without those records being given to the judge, jury, and ALL involved parties. Of course, your COMPLETE medical records wouldn't be read in court - that could take MONTHS, if you see the doctor a lot! BUT, they will be reviewed in depth, by your attorney, and the insurance company's attorney, and any RELEVANT parts, in their opinion, would be presented to the court.
If you don't want your friend to see your gyn records, you need to get a different lawyer. He won't be able to represent you fairly, with only SOME information.
MP
Same as above. You don't get to decide what's "unrelated." That's the whole point of the court system. Otherwise you would just go to the judge, tell them what you want, and be awarded it.
debijs
~~ You can require your doctor to carry a separate chart for just the injuries pertaining to the accident. Also, they have access to all your records but you can choose the exact date (using only the ones that pertain o the time and treatment of your injury), and only that time period can be released. In other words you have complete control.
Even if you were to release more info than what was necessary they are only allowed in court to discuss any medical information that would apply to your accident-no other information would be discussed.
So if you had no info in your chart during the treatment of your injuries then just fill the release with the dates that apply.
If you do have personal that would be there while treatment was given, then ask the medical records department for injury information to be separated and sign the release for that chart. Nothing can be sent to their insurance company without your written consent and you must request this in person, so you have total control over it.~~
Orignal From: Tips: Lawsit for back injury and medical records...is the insurance company entitled to ALL my records?
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