If you have been injured in a car accident, then you can seek compensation from the company that sold you your automobile insurance. As you pursue your claim filed with the help of personal injury lawyer in Oakville, you may find it necessary to go after your medical records.
Possible reasons for your need to request your medical records
• Insurance company wants proof that collision caused the injury, and not some earlier condition.
• Insurance company seeks details on the full extent of the injury.
Your injury forces you to consult a specialist. That specialist needs to have a copy of your medical history. Before you launch your quest for the records that contain your medical history, you should become familiar with this term: PIPEDA. That stands for Personal Information Protection and Electronic Documents Act (PIPEDA). It gives all patients the right to ask a health facility for a copy of their records. A patient can also authorize a representative to visit such a facility, in order to obtain his or her medical record.
The legislators that wrote and voted for PIPEDArealized that certain facts found in that collection of documents could be things that a patient did not want to share with others. For that reason, some of the recorded information gets withheld from the person that has requested the recorded and filed observations, along with any test results.
The nature of the information that gets withheld
• The notes taken by a psychotherapist during a psychotherapy session
• Information that will be used in an ongoing lawsuit
• Information that might endanger the patient’s life or someone else’s life
What it cannot control
The Personal Information Protection and Electronic Documents Act (PIPEDA)controls the extent to which any patient’s health history gets shared with others. Still, it does not control the way that others interpret or use that history. For instance, an insurer might insist that a victim’s medical history suggests that he or she should use extra protection, when riding in a motored vehicle.
The attorney for the plaintiff must proceed with caution, if someone representing the other party makes such a suggestion. That attorney ought to take the time to speak with a specialist. A specialist should know whether or not the insurer’s representative has made a sound or a baseless conclusion, after viewing details on the victim’s health history.
A smart lawyer would not take for granted a claim that has come from someone that is representing the other party. Thus, any potential client needs to ask about what experience the consulted lawyer has with obtaining noteworthy facts from medical experts. Reputable lawyers do not hesitate to seek such facts. None of them accept the poorly-based assumptions made by anyone that hopes to reduce the amount of compensation awarded to the accident victim.
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