Insurance Claim
When pursuing a personal injury claim in Florida, it’s not uncommon for an insurance company to request access to your medical records. However, whether you should release your medical records to them is a decision that must be made with careful consideration of the legal implications and your privacy rights.
Another key question is: What specific medical records do you need to share? The answer depends largely on the nature of your claim and the extent of your injuries. It is crucial to understand that while you need to prove your medical condition and treatments, not all your health information may be relevant to the case.
Sharing Your Medical Records with the Insurance Company Can Damage Your Florida Personal Injury Claim
After a car accident or another personal injury occurs in Florida, the negligent party’s insurance company will immediately try to contact you.
Not only will they try to get you to take some form of responsibility for the accident, but they may explain that the only way they can evaluate your injuries and pay your claim is to see your medical records. This is misleading.
The Health Insurance Portability and Accountability Act of 1996, or HIPAA, states that no one including an insurance company can view your medical information without your written permission.
To get around this important law, insurance companies may provide documents they say require your signature to move forward with a claim. This, too, maybe misleading, as they could contain a waiver that releases your complete medical records.
Why Should I Keep My Medical Records From the Insurance Company?
Along with your accident and injury medical records, the insurance company may gain access to your complete medical history, including that which is not associated with the crash.
That means they will have access to your past illnesses or injuries and will use that information to blame your current medical problems on pre-existing conditions or previous injuries to avoid paying your full financial recovery needs.
The insurance company is going to do all it can to undervalue or deny your personal injury claim. Providing access to your medical records will only help support their side of the argument. We can help you avoid this common mistake.
Do Insurance Companies Have Access to Medical Records?
In Florida, insurance companies can access medical records that are relevant to a claim you have filed. However, they do not have unrestricted access. Under the Health Insurance Portability and Accountability Act of 1996 (HIPAA), there are stringent guidelines that protect your privacy. Insurance companies must obtain your consent before they can receive any health records from your healthcare providers.
According to HIPAA regulations, you have the right to control which aspects of your medical history are shared, unless a court order stipulates otherwise. This ensures that only the necessary parts of your medical history that directly pertain to the accident or injury claim are disclosed.
What Medical Records Do Insurance Companies Have Access To?
The type of medical records an insurance company can access includes documents that show the nature and extent of your injuries, any treatments received, and your prognosis.
Examples include:
- Medical reports from doctors and specialists.
- Records of hospital stays and surgical procedures.
- Documentation of physical therapy and rehabilitation.
It is advisable to release only the medical records that are specifically related to the injuries claimed in your ongoing case. Releasing additional records can lead to unnecessary privacy breaches and complications in your claim.
Considerations Before Sharing Your Medical Records
It is essential to consult a Florida personal injury attorney before releasing any medical records. A lawyer can provide guidance on the specific documents to be shared and how to do so in a way that protects your rights. They can also handle the release process to ensure that only the necessary information is shared, preventing insurance companies from accessing irrelevant or sensitive information that could be used to undermine your claim.
Consult Our Personal Injury Attorneys in Florida
Deciding to share your medical records with an insurance company while pursuing a personal injury claim in Florida involves careful consideration of legal and privacy issues. Always consult with qualified personal injury attorneys to ensure that your rights are protected throughout this process.
If you are being asked to give your medical records to an insurance adjuster, contact The Morgan Law Group before proceeding. We can help you navigate through the complexities of the law and insurance policies to secure the compensation you deserve for your injuries. Contact us today for a free case evaluation.
