Regardless of the type of case, sharing patient records is an important part of any personal injury claim.
Health records that aren’t comprehensive or shared in a timely manner could enable the at-fault party to poke holes in your case. This could mean it takes longer to settle your case, or in some cases, that gets thrown out.
Medical providers and law firms have to protect themselves under HIPAA laws, so it benefits all parties to have access to a safe and secure online portal to share health files.
Here’s more on why sharing patient records matters.
Different Types Of Personal Injury Claims
Personal injury claims can range widely, but no matter what type of claim it is, it’s almost always a focal point of your case. Here are some common types of claims.
Car Accidents
Even a fender bender can result in injury. Seeing a medical professional right after even a minor accident is important if you’ve been injured.
The medical records you obtain prove that you received treatment right after your accident. Later on, this could be used as evidence in a personal injury claim.
Wrongful Death
Tragic and complicated, wrongful death claims can be very stressful on loved ones or family members of the deceased.
If you’re filing a wrongful death suit on behalf of a deceased loved one, things can get complicated. If you have power of attorney or are an executor of their estate, you’ll have access to medical records. If you don’t, it will take time and patience to receive those medical records.
This is a HIPAA law. And if not started early, this process could drag out your case for months, if not years.
Medical Malpractice
Medical malpractice covers a wide span of injuries and ailments. But if a doctor or medical provider does something that causes injury to a patient, they could be entitled to a settlement.
These cases can also get complicated. Medical providers typically use very thorough insurance companies that drag cases out for a long time. A patient’s records could be the only piece of evidence that’s irrefutable in the case. Without them, you will almost surely not succeed.
Other
There are other common types of personal injury cases, such as:
- Dog bites
- Workplace accidents
- Premises/product liability
- Nursing home abuse/neglect
- Aviation/boating accidents
- Chemical exposure
As you might be able to tell, no matter the claim or specific issue, medical records matter. They are likely the best piece of evidence you have to build a case around.
Sharing Patient Records and HIPAA Laws
HIPAA, or the Health Insurance Portability and Accountability Act of 1996, protects client health information from being disclosed to unauthorized parties.
Under this law, your medical provider normally can only share a patient’s medical records face-to-face, over the phone or in writing. [1]
Technology makes it easier than ever before to share health information. However, safety and security when transmitting documents also requires HIPAA compliances.
For example, to be HIPAA compliant, you must use end-to-end encryption on all emails that contain a client’s health records. Failure to do so could result in a range of different consequences, from fines to imprisonment.
Why Sharing Patient Records Matters
No matter what type of personal injury claim it is, medical records are an essential part of any case—for you and the at-fault party.
The insurance company and defendant also needs access to your records. This is so they can evaluate whether your claim is valid. Refusing to issue your medical records will result in the other side refusing to settle your case; refusing in court could mean your entire case gets thrown out.
If a client can’t provide enough information, the at-fault party might also request an independent medical exam (IME). Refusing to take part in this exam could be used against you in court.
This opens up a door to all sorts of potential issues. The “independent” doctor could conclude you aren’t as badly injured as you say or else find other ways to poke holes in your case.
The point is, being able to provide swift and comprehensive medical records is paramount to a successful personal injury claim. If transmission of documents is slow or either party has trouble gaining access to documents, you risk losing your case or at least having it delayed.
How To Safely Share Medical Records
ShareScape provides a secure, efficient method for sharing patient records in any type of personal injury claim. It was designed to streamline the process of sharing health information for busy medical providers and law firms.
Cloud storage applications like Dropbox are hacker-prone, and unless you’re paying for encryption software for your emails, you could be in violation of HIPAA laws when sending and receiving documents.
Sharescape allows medical providers to host their own secure patient portal. Law firms have 24/7 access. When your client is in communication across multiple medical providers, we provide seamless access to all of the records under one Law Firm login.
Request a demo today to learn how ShareScape can help your medical provider business or law firm thrive.