Your Rights To Medical Records For Your Personal Injury Case

by Kristen White Blogger

There are so many legal issues that push claimants to have their medical records in place. You may have a workers compensation claim where the insurer must scrutinize your medical records for any disparity in work-related injuries. You may also have a personal injury case and want to prove that the accident exaggerated your pre-existing condition or you have no pre-existing condition at all. In any case, having the right medical records puts any claim dispute to an end. Everyone has a right to their medical records. However, sometimes it becomes hard for claimants to get the information necessary for their claims.

What Are My Rights To Medical Records?

If you have a personal injury case where you’re requested to provided your medical records, it would be a good idea to find Anchorage lawyer and understand how to go about your case. According to medical records authorization in Alaska, everyone has a right to receive a copy of their health information. Typically, as a claimant you have the right to:

Receive a copy of your health information in the format you prefer, e.g., through email, fax, paper, etc.
You have the right to request your health information be sent to another person or entity who is a designated representative. For instance, if your parent designated you to be the representative, you must be provided with the medical records upon request. You can also get someone’s records if you have been appointed as the legal guardian of another adult.
Have a right to get records of a deceased person, but this is in certain circumstances. You can have access to medical records of the deceased if you were the personal representative.
You can get your children's medical records. But there are some exceptions. As a parent, you may not get access to your child’s records if:
The medical care was at the court’s direction.
There is a confidential relationship between the minor and the medical provider.

Suppose you need to get access to your medical records, or you’re loved for legal purposes, and there seem to be some loopholes that seem to stop you from getting the right legal compensation. In that case, you can choose to find Anchorage lawyer in Alaska for legal guidance.

Can My Medical Records Request be denied?

Medical providers are known to deny the medical records requests for personal injury. In such a case, you must be provided with a denial letter stating why the request was denied. Fortunately, you can file an appeal for denial. It’s worth noting that the medical providence has a right to withhold some medical record such as:

Medical information needed for evidence in a lawsuit
Records that the medical providence believes could harm your life or someone else.
Psychotherapy notes

If your medical records have been denied any you need to file a claim, it’s advisable to have your top Anchorage lawyers guide you on the best strategy. Once you have requested your medical records, you should wait for a turnaround time of up to 30 days. In case you don’t receive your medical records within that time, your medical providence should provide a reason for the delay. Also, depending on the copies of records you need, there may be a reasonable cost set by the state law. You can choose to work with top Anchorage lawyers who can give the right legal guidance to secure your compensation.