In Buffalo, a successful personal injury lawsuit often hinges on proof of injury. If you go to trial, your medical treatment providers may be called to testify about your injuries. However, in many cases, either because the case is resolved without court intervention or because the parties agree to accept medical documents as sufficient proof of the injuries, written medical records will play a vital role in establishing how badly you are hurt.
Your lawyer will usually obtain your medical records for you, but under New York State law and the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA), he or she cannot get these records without your consent. As a result, your attorney will usually ask you to sign a release that can be provided to the doctors authorizing them to provide medical records to him or her.
While your lawyer will usually get the medical records for you, it is important that you keep your attorney informed of which doctors you are seeing so that he or she can obtain all the records relevant to your case.
In some cases, your lawyer may ask a medical provider to prepare a special narrative report outlining your treatment instead of, or in addition to, obtaining the medical records. Exactly what medical information is needed, and in what form, will be determined by your attorney based on the circumstances of your case. If you have any questions, you should consult with your attorney on this topic.
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