Consent for Medical Information In Personal Injury Claims

Personal injury claims can be rather tricky to navigate. This stems from a lack of general knowledge on this subject. Indeed, failing to have a good understanding of personal injury claims can hurt you in the long run if you’re ever involved in these types of cases. One aspect that people always seem to overlook when it comes to these types of cases is how consent for medical information works. To help you out, we thought it would be useful to put together a brief article on this subject. If this is something that you’re interested in learning more about, read on as we discuss everything you need to know about consent for medical information in personal injury claims.

Why Is This Important?

Now, you may be wondering why this is important. To give you context, we have to talk about a recent case before the Ontario Superior Court that stated that plaintiffs are entitled to review medical consent release forms with the assistance of their lawyers before agreeing to anything. This stemmed from a complaint from the defendants that still had to pay fees to the physician for the medical appointment when the plaintiff refused to give consent without advising their lawyers. The Court ruled that the plaintiffs should not have to pay for the canceled evaluation, as they were not given enough time to consult with their lawyer before signing the consent form. The plaintiffs were not notified in advance that they would be required to sign a consent form.

What Is a Release to Disclose Medical Information?

A release to disclose medical information is a written document that gives someone else permission to see your medical records. If you’re filing a personal injury case, you (or your lawyer) will probably collect your own medical records. But sometimes the other side will ask you to sign a release to disclose medical information. If you have a lawyer, the other side should give the request to your lawyer first.

Why Are Independent Medical Evaluations Important In Personal Injury Cases?

When a personal injury case moves to the discovery phase, the plaintiffs and defendants will exchange evidence, facts, and information. Plaintiffs who have sustained physical injuries or disabilities as a result of the defendant’s negligence may pursue financial compensation for the damages they have sustained or will sustain in the future as a result of the incident. The defence may then dispute the amount of damages claimed by the plaintiff. In order to do this, they may have to request invoices, medical reports, and other forms of necessary evidence substantiating the plaintiff’s claim.

Conclusion

We hope this article proves to be useful when it comes to helping you gain a better understanding of these types of cases and how to best navigate them. While it may seem complicated at first, the information that we’ve laid out here should help make things easier for you. Be sure to keep everything you’ve learned here in mind so that you can make the most informed decisions if you ever find yourself involved in a personal injury claim.

If you are looking for a personal injury lawyer in Niagra Falls, you’re in the right place. Here at Parlatore Law, we are a personal injury law firm serving the surrounding areas, including Niagara Falls, St. Catharines, Niagara-on-the-Lake, Welland, Fort Erie, Thorold Port Colborne, Fonthill, Pelham, Grimsby, Stoney Creek and Hamilton. Our goal is to help our clients get what they need and deserve. Contact us today to learn more and get started!