How Medical Records Are Handled in Personal Injury Cases
Medical records are one of the most important pieces of evidence in a personal injury case. They answer the core questions your case depends on: What injuries did you have, when did symptoms start, what treatment did you need, and how are you doing now? Strong documentation can connect the dots between the crash or incident and your medical care, showing not only what happened medically, but also why your treatment was reasonable and necessary.
Which records will be requested?
It’s also normal for the defense to look for other potential explanations for your symptoms. That’s why they often request records from before the accident, especially if you’re claiming an aggravation of a preexisting condition (like a bad back that got worse after a collision). Broad requests for “all medical records, ever” are common—but they’re not always appropriate, and they can be narrowed.
What about medical privacy?
People also worry about privacy—understandably. In most cases, your records are exchanged in the claim or lawsuit and reviewed by the insurance companies, the attorneys, and (sometimes) medical experts. Practically speaking, the individual defendant (such as the at-fault driver in a car crash) will not be looking at your chart. And while discovery exchanges aren’t public, records can become part of the court file if they’re used as exhibits—so attorneys often avoid filing full medical charts and may seek protective orders or redactions when sensitive information is irrelevant.
A personal injury attorney can help
This is where strategy matters. On the one hand, refusing reasonable record requests can slow your case down and create credibility issues. On the other hand, turning over everything can invite unnecessary privacy intrusions. The best approach is to gather and produce the key records that prove your injuries (imaging, operative notes, therapy notes, restrictions, prognosis) while limiting overbroad authorizations and keeping the focus on the injuries and treatment that are directly related to your case.
Having a reputable, expert personal injury attorney, you can rest assured that only appropriate and necessary medical records will be shared, and only with limitations that ultimately protect you. Contact the attorneys at Sieben & Cotter for a free, comprehensive case review, at 651-455-1555 or send a request for more information.