Can Personal Injury Lawyers Access Your Medical Records? Here’s What to Know

Since medical bills are usually the largest component of economic damages in a personal injury matter, especially a dog bite or other premises liability claim, medical records may be the most important evidence in such claims. Therefore, personal injury lawyers normally need unrestricted access to these documents.

This access is important because the victim/plaintiff has the burden of proof as well as the burden of persuasion.

The burden of proof is establishing all elements of a negligence claim by a preponderance of the evidence (more likely than not). Additionally, a Los Angeles personal injury attorney has the burden of persuasion. An attorney must convince jurors to award maximum compensation in a personal injury matter.

Compensation in these matters usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.

Why Do Personal Injury Lawyers Need Your Medical Records?

Medical records document the nature and extent of your injuries, the treatment you have received, and your prognosis for recovery. So, they basically establish a baseline for economic losses.

Without them, it is extremely difficult to prove that your injuries were caused by the accident in question. Furthermore, in California, jurors must review the medical records themselves. Numbers on a spreadsheet are not sufficient.

In California, medical records also help establish lost wages and emotional distress (pain and suffering). For example, detailed physician notes can demonstrate how your injuries impact your daily life, which is crucial when calculating non-economic damages.

Some primary medical records from treating physicians lack treatment notes that show how the victim was feeling at certain times. So, to supplement primary records, a Los Angeles personal injury attorney often partners with another doctor who fills in the gaps. More on that below.

Can a Lawyer Access Your Medical Records Without Permission?

No one, including a California personal injury lawyer, can access your medical records without your permission. Your health information is protected under federal and state privacy laws. Before any records can be released, you must give written permission. That is how the process works, and that is how your privacy stays protected.

What Laws Protect Your Medical Privacy in California?

Two laws protect your medical information in California. The first is the federal Health Insurance Portability and Accountability Act, commonly known as HIPAA. HIPAA sets the national standard for protecting sensitive patient health information from being shared without consent.

The second is California’s Confidentiality of Medical Information Act, known as CMIA. This state law goes even further than HIPAA in some areas, giving California patients additional protections over how their medical information is accessed and used.

What Is a Medical Authorization Form and When Do You Sign It?

A medical authorization form is a written document that gives your attorney permission to request and review your medical records on your behalf. Most clients sign this form at the same time they sign their fee contract at the start of their case.

Signing this form does not mean your records become public. It simply allows your attorney to gather the evidence needed to build the strongest possible case for you. It is a standard and necessary step in every personal injury claim.

What Happens to Your Medical Records After You File a Claim?

When settlement negotiations begin, your medical condition becomes a key issue in the case. Victims seeking compensation for their injuries effectively place their health “at issue.” As a result, the opposing party, usually an insurance company or defense attorney, also has the right to request relevant medical records.

We know what you are thinking. Many people have current or prior medical conditions which, for one reason or another, they would like to keep quiet.

Fortunately, this access is not unlimited. California law only allows access to medical records directly related to the injuries claimed in the lawsuit. For instance, if you suffered a back injury in a car accident, the defense may request records related to your spine or prior back conditions, but not unrelated medical history.

How Are Medical Records Obtained During Discovery?

During discovery, a court-supervised information exchange process, attorneys may request medical records through subpoenas or formal document requests. However, additional safeguards exist to prevent medical records from becoming public records.

You or your Los Angeles car accident injury attorney can object to overly broad or irrelevant requests. Courts in California often limit disclosure to ensure that only necessary information is shared.

On a related note, voluntary compliance is very rare in these situations. Most medical providers do not release any medical records under any circumstances unless the requesting party provides proper documentation, such as a subpoena or court order.

What Is a Subpoena and How Does It Work in Injury Cases?

A subpoena is a legal order that requires a person or organization to produce documents or testify in a legal proceeding. In personal injury cases, attorneys use subpoenas to formally request medical records from healthcare providers.

Most medical providers will not release any records without one. Even with proper documentation, providers follow strict procedures before releasing anything. Your attorney handles this entire process on your behalf so you never have to deal with it directly.

Can You Object to a Medical Records Request?

Yes. You and your attorney have the right to object to any request that is overly broad or not relevant to your case. California courts take privacy seriously and regularly limit what the defense can access.

If the defense requests records that have nothing to do with your injury, your attorney can push back. That is exactly the kind of protection you need in your corner when going up against an insurance company or defense team.

What Is an Independent Medical Examination in California?

In some personal injury cases, the defense may request that you undergo an Independent Medical Examination (IME). The opposing party chooses a doctor to conduct this examination.

While not technically part of your medical records, the IME report becomes part of the evidence. California courts may allow these examinations if your physical condition is in dispute, but your attorney can help ensure that the process is fair and limited in scope.

Moreover, IMEs are a two-way street, as mentioned above. Personal injury lawyers often partner with medical experts who review medical records and increase the claim’s settlement value.

Do You Need a Personal Injury Lawyer in California?

Medical records are the backbone of every personal injury claim. Knowing how to obtain them, protect them, and use them to maximize your compensation is not something you should navigate alone.

The Law Offices of Eslamboly Hakim has recovered over $100 million for injured clients across Southern California. We handle the medical records, the discovery process, and the fight for every dollar you deserve.

Start Your Free Consultation Today. Call us at 1-800-529-8255. No fees until we deliver results.