How Can My Personal Injury Attorney Get My Medical Records?

by Friedman & Ranzenhofer, PC on March 23, 2012

in Buffalo Injury Questions and Answers

Obviously, Buffalo personal injury attorneys need access to their client’s medical records.  These records are needed to assist the personal injury attorney in evaluating his or her client’s claim, preparing documentation regarding the nature of the injuries that must be provided to the opposing party, and determining which medical providers may need to testify if the matter is brought to trial. 

Because medical records and their content are protected by both federal and New York State law, your personal injury attorney is likely to ask you to sign an authorization for each of your medical providers waiving your privacy rights with respect to the medical records and authorizing their release to the attorney.  While your personal injury attorney will need a complete understanding of your medical condition, such authorizations often will have limitations placed on them that will prevent your attorney from obtaining information after the completion of your lawsuit.

Some medical providers will require an attorney to pay a fee for obtaining your medical records.  The amount than can charge, however, is regulated by the government based on the number of pages of records provided.  Any amounts paid for medical records may be charged to the total amount of any damages you are ultimately paid depending upon the terms of your agreement with your personal injury attorney

If you have suffered a personal injury and have any questions, please feel free to call us at 716-542-5444.

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