Understanding Your Right to Medical Records in a Florida Personal Injury Case

Medical records are the make-or-break factor in your injury claim. They are the evidence that ties the incident that happened to you to the pain and problems you are experiencing now. 

“They are basically the story of your recovery. But if you want that story to hold up in court, it needs to be thorough and honest,” says Florida personal injury lawyer Chad J. Robinson of Your Damage Lawyer Law Firm.

This guide examines the role medical records play in your injury claim and addresses your privacy concerns.

Why Medical Records Matter in a Florida Injury Claim 

Medical records are the heart of any personal injury case. They provide precise details about your injuries, their severity, and the connection between your treatment and the accident. This proves definitively that your injuries were, in fact, caused by the accident, not something else you were already struggling with.

If your records are missing or incomplete, the insurance company will fight you on this. Every doctor’s visit, every test result, every note—they all work in your favor, providing you with the evidence you need to fight for what you are worth.

Clearing Up Confusion About Accessing Your Medical Records in Florida

Many Floridians don’t know the full extent of what they can see in their medical records. The truth is, HIPAA grants you the right to obtain copies from any and every medical facility you visit, including hospitals, urgent care facilities, and your physical therapist.

Another important factor to consider is the length of time it takes to obtain your medical records. While federal law grants providers 30 days, Florida works faster in most cases. Some facilities are required to provide you with your medical records within 15 days of your written request.

An insurance company is unable to access your medical history without your permission. However, if you file a claim for an injury, your medical records pertaining to that injury will be reviewed by your insurance company. 

For medical records of a deceased relative, Florida follows federal law. 

How to Request Your Medical Records in Florida 

It is not difficult to get your medical records in Florida. All you have to do is send your medical provider a written request that includes your name, birth date, and contact information.

It is faster these days because most medical facilities have online portals you can use yourself. If you want your lawyer to obtain your records, you will need to sign a HIPAA authorization form, and read it carefully in order to understand what you are permitting them to do with your records.

It is possible that your medical provider will charge you a fee for your records, and they must contact you within 30 days regarding them. If they deny your request, ask for a written explanation and consult your lawyer.

What Happens if Your Medical Records Are Incomplete or Wrong? 

Errors in medical records occur more often than you might think. An error in date, missing documentation, or incomplete records can damage your personal injury case in Florida significantly. 

Insurance companies are always on the lookout for such mistakes, and as soon as they identify a single error, they are sure to dispute your claim or try to reduce the compensation.

If you identify any problem, you can always apply for correction under the HIPAA guidelines. You will need to send written evidence of your claim, such as reports from doctors, to support your point before the situation worsens.

Why Do You Need a Lawyer?

A review of medical records can become complex very quickly in an injury case. A good attorney will handle all the documentation and issues, including salient issues and those that the average person may not think about. The attorney must be knowledgeable in Florida personal injury law, friendly, and comfortable dealing with difficult insurance companies. The right attorney will not only make the process easier, but they will also change the client’s experience.