Putting Your Case into Controversy Also Makes Your Medical Records Fully Discoverable

Ok so you put your personal injury or medical malpractice case into a law suit

Your lawyer tells you to come to his office so you can sign authorizations for those records. He starts to go over the list of doctors who have treated you. You hesitate… he is asking you to sign dozens of Court Authorized HIPPA Authorizations. These are fillable Court forms on the New York State Unified Court System web site under forms.

So you ask him: “Is all this necessary?”

The short answer is yes

Once you put your case into controversy, you are obligated to disclose information related to your injury, treatment, any related past medical conditions, and if you claim lost wages, time and attendance records, and wage and salary information.

This is a broad topic and too broad to deal with in a simple blog, but mostly all records that are related to your injury and treatment should be disclosed

If you refuse to disclose this information, then a Court may rule that you are precluded from dealing with this injury, because  you failed to give records on when you go before a jury. No doubt there should first be a good faith attempt to try and resolve any outstanding discovery dispute on records you want to protect. But once a judge rules you are compelled to turn the records over, you have little choice in the matter, if you want your case to go forward.

So even if you suffered a traumatic brain injury, and your primary doctor is a neurologist, your medical records related to your general family doctor who also treated you would be discoverable to the extent it was related to your traumatic brain injury –  This is  just one small example.

Do not feel bad if you are made to sign many authorizations

Your lawyer will need them to share with the lawyers for the people who you sued. He will also need to send them updated authorizations for updated medical records, which is particularly true if your car accident or trip and fall case required a great deal of physical therapy.

Finally your lawyer will require two final whole sets to send for the records of your case for trial, to be sent to the Courthouse, and be part of a So Ordered Subpoena. When your lawyer  is doing this, he is not being intrusive,  but rather thinking ahead – So help him. Having good personal records that are well organized,  information about who you  were treated by, and how much time you  lost at work really  expedites your case and gives your lawyer a sense of relief.

For a free consultation, contact the office of Personal Injury Attorney Manuel Moses, Esq. 236 West 26th Street Suite 303, New York, New York 10001. (212) 736-2624  Extension 11.
Nothing in this blog is intended to be formal legal advice or to form an attorney client relationship all cases are different, you should seek the formal advice of a trained lawyer.

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