Understanding The Implications Of Medical Record Releases In Nevada Car Accident Cases

Avoid Negative Outcomes From The Start: Why You Should Be Cautious When Signing a Medical Release Form

After a car accident injury where you file a claim against the at-fault party’s insurance, you will likely be asked to sign a medical release form. Doing so can have implications on the outcome of your claim. Access to your complete medical history could reduce your settlement amount or even lead to a denial.

While you will likely be required to provide some medical information to the insurance adjusters, you can consult with your Las Vegas car accident attorney who will make sure you only release specific information related to your injury and that you do so at the correct time so all of the information is available.

The following article will help you understand all of the implications of signing a medical release form too early and how to mitigate negative outcomes by being proactive from the beginning of your claim.

What is a Medical Release Form?

According to Nevada law, including privacy laws and HIPPA regulations, your private medical information cannot be shared without your explicit consent. Consent can be given by signing a medical release form. By doing so, you can grant access to your entire medical history, including any pre-existing conditions, past injuries, and more.

If an insurance company is requesting a medical release form, you should approach signing it with caution and consult your Las Vegas car accident lawyer. The consequences for signing this form too early can have a significant impact on your accident injury claim.

Are You Required To Share Your Medical Records With Insurance Companies If Requested?

While sharing your medical records may not be required in every circumstance, car insurance companies often require access to certain records in order to determine what your settlement should be. Lawyers typically don’t recommend providing access unless absolutely necessary.

In some cases, the insurance company might request access to a specific part of your medical record, which may feel more manageable. It is crucial that you do not allow any direct communication between the insurance company and your physician. However, even in circumstances where it may seem safe to hand over your records, you should still talk with your lawyer first. They will help you determine if the information requested is actually necessary.

How Your Medical Record Can Be Used Against You In An Accident Claim

After your car accident, the at-fault party’s insurance company may contact you requesting your medical records. They may even use pressure to make you release them too early. It is essential that you use caution during this communication and consult with your Las Vegas car accident lawyer before taking any action. There are many risks with sharing your medical records too soon including:

• You Might Give Access to Irrelevant Medical History: If the insurance company is requesting a standard medical release, your entire medical history could be accessed. This unrestricted release of information could be used to pin current injuries on pre-existing conditions or past injuries, reducing your claim.
• You Could Compromise Your Privacy Rights: Your privacy is protected under HIPAA which means you are never required to release your entire medical history. Make sure you protect your privacy and the outcome of your claim by refusing to sign any blanket release form for an insurance company.
• Access that Provides an Incomplete Picture: When insurance adjusters contact you for your medical records, they often do so early in the case. If this happens and you grant access, they may look over your records and form a settlement amount based on incomplete information before doctors have fully assessed your injuries.

When Should You Sign a Medical Release Form During Your Insurance Claim?

There are a few circumstances where you should sign a medical release form during your car accident claim. However, you should only ever do so under the advice of your Las Vegas car accident lawyer. They will be able to assess your situation, look over the medical release request, suggest modifications, and determine whether or not the specific medical records are necessary.

Your lawyer will likely recommend you sign a release form under two circumstances:

• If the scope of the request is limited. For instance, the insurance company is asking only for information directly related to the car accident injury.
• The release form is absolutely necessary to make settlement negotiations.

Steps You Can Take Instead Of Providing Access To Medical Records In a Car Accident Injury Claim

Instead of signing a medical release form, there are a few things you can do to protect yourself and ensure the maximum compensation possible. If you are contacted to sign a medical release form, do the following:

• Reach out to a Las Vegas car accident lawyer for initial advice
• Gather all of your medical documentation that is related to your injuries from the accident
• Have your lawyer negotiate with the insurance company over what access is necessary
• Keep records of every interaction you have with the insurance company

Reach Out To Our Las Vegas Car Accident Lawyers For Advice That Will Help You Acquire The Maximum Compensation Amount In Your Car Accident Injury Claim

If you have been in a car accident and are pursuing a car accident injury claim, you need the help of a skilled lawyer who is dedicated to your case and acquiring the compensation you need to recover. At Goldberg Injury Law, our Las Vegas car accident lawyers have years of experience and a track record of success winning millions of dollars for our clients.

Reach out today to get started with a free case evaluation. You will be in direct contact with our team, experiencing our personalized attention and advice at every turn in your case.

Reviewed by Katie Goldberg, founding attorney at Goldberg Injury Law.