If we’ve been in a car wreck, and we’re suing the person who ran into us, we may wonder, “Why does the defendant get to see my medical records?”
This is a reasonable question because we know about HIPAA, which protects our medical privacy.
When we sue the defendant and claim personal injury, they have the right to defend themselves. This includes questioning our claim of damages.
We’re looking at a couple different things when we’re dealing with a personal injury case.
1.) Did they violate the law?
In other words, were they careless or negligent?
2.) Did they hurt you?
It would be unfair to claim that you were hurt because of the defendant, but then refuse to let them see your medical records, at least during a lawsuit.
There are some exceptions, but usually, the defendant is allowed to look at your medical records.
If we’re taking the deposition of a doctor, the doctor needs to see our medical records so that he or she can answer questions accurately and truthfully.
The defendant who caused the wreck can require us to turn over our medical records if we’re in a lawsuit with the defendant.
If we’re trying to settle with the defendant before filing a lawsuit, then we can decide whether or not we want them to be able to look at our records. There are advantages and disadvantages to letting them look at our records — we usually let them but never with their form medical releases. We use our own.
If you live in the state of Alabama and you have any questions about a personal injury claim (unless you already have hired a lawyer), you can reach us by phone at 1-205-879-2447. We’ll be happy to chat with you about your options so you can make the best decision for you.
I look forward to talking with you!
Have a great day.