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If you or a loved one has been involved in an automobile accident, you might find it necessary to obtain copies of your medical records, particularly if a personal injury lawsuit is being pursued. An accident victim's medical records can play a major role towards obtaining a successful outcome in a personal injury case. Most Fort Myers personal injury lawyers will tell you that oftentimes, medical records will be needed in order to demonstrate that an accident victim did not have any pre-existing injuries - that all injuries suffered were due to the actual accident that occurred.

Working with a skilled personal injury attorney, such as Randall Spivey, after the occurrence of an accident can prove to be extremely beneficial in the long run. Mr. Spivey and his team work with individuals to handle all aspects of their cases, to include assisting them with locating qualified medical doctors for treatment. In some cases, an accident victim will not only need to show that he or she incurred the injuries during the accident, but the victim will also need to prove the extent of his or her injuries in order to ensure that proper and adequate compensation is obtained. That said, accident victims need to know their rights with respect to obtaining all of the medical records that they will likely need in order to prove their cases.

Your Rights With Regard to Obtaining Medical Records

Generally speaking, individuals have the right to get copies of their own medical records from any of their health care providers. The federal law that governs that right is known as the Health Information Portability and Accountability Act or "HIPAA," as most people know it. Individuals should be aware, however, that there are certain exceptions to the law.

For example, while it is true that parents and legal guardians of children are typically allowed to get their children's medical records, that parent or guardian might not be entitled to such records if the child was receiving medical treatment based on direction from a court, if the child was able to consent for his or her own medical treatment without the need for parental consent, or if the parent or guardian agrees to the existence of a confidential relationship between the child and his or her health care provider.

What Can You Do if You Receive Incomplete Records or Are Denied the Records Altogether?

Most Fort Myers personal injury lawyers will tell you that once you've obtained your medical records, you may learn that certain pieces of information are inaccurate or missing from them. When that happens, having a knowledgeable attorney by your side to work with the doctors can prove to be invaluable. The attorney can make the appropriate follow-up inquiries to ensure that all information is contained in the records.

If you have attempted to obtain medical records for yourself or your loved ones, and you have experienced difficulties in gathering those complete records, contact Randall Spivey, your Fort Myers personal injury lawyer at The Spivey Law Firm, Personal Injury Attorneys, P.A., right away for assistance.