Why Might I Need a Lawyer’s Help to Obtain My Medical Records?

July 26, 2021
scale justice

If you were seriously hurt in some kind of preventable accident and you intend to take action against the liable parties, your medical records will play an integral role in your claim. Because such records are incredibly personal, one may assume it is easy to obtain them. As many accident victims have learned the hard way, however, this is not always the case. 

All too often, securing copies of medical records in a timely manner proves challenging. While this information technically belongs to the patient, releasing records is never a facility’s primary concern.

Smaller clinics and private practices don’t always have the resources or time to respond to such requests promptly. Likewise, massive health care institutions usually have protocols in place that impede the process. There are even scenarios in which patients don’t receive their records simply because they didn’t follow the established protocol for requesting them.

What’s more, those who do receive their documents can end up facing issues. It’s not uncommon, for example, for records to be missing critical details. Indeed, most personal injury law firms will tell you they must request a set of records more than once, and they must follow up repeatedly to ensure the documents are sent in their entirety. If that’s not bad enough, it may emerge that your medical provider did not accurately capture details about your injuries.

Keep in mind that most successful claims hinge on the injured party’s ability to prove liability, causation, and damages. To secure a payout, you will need to provide evidence that describes the nature of your injuries, explain how they were the result of the defendant’s negligence, and illustrate the extent of your damages.

Unfortunately, medical professionals don’t always log details that will satisfy an insurance carrier. If you complained about being unable to tackle tasks around your home, for example, but your primary care physician did not make a note of it, your attorney may need to follow up with them.

While you may not get very far when requesting medical records on your own, you can be sure facilities have a much harder time ignoring lawyers. Your attorney will take the action necessary in order to obtain the records they need to build your claim.

You have enough to worry about without having to decipher the protocol for requesting records or calling your medical team day after day to follow up on a pending submission. By enlisting help from a persistent lawyer, you can focus on your recovery while your legal team pursues your providers until they release the records your claim demands.

Discuss Your Case with a Personal Injury Attorney in South Carolina

If you’re having trouble gathering evidence that will support your personal injury claim, contact Hodge & Langley Law Firm. Our tenacious team will apply the legal pressure needed to secure your medical records and other essential documents in a timely manner. To schedule a free initial consultation with a personal injury lawyer in South Carolina, fill out our Contact Form or call 864-585-3873.

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