Posted On: August 22, 2008

Proving Your Injuries: Fair Compensation In Tennessee

All medical records vary in both quantity, quality and precision. Generally speaking, it has been the my experience that out-patient records are far less legible than in-patient records, with the possible exception of physician’s orders to nursing staff. With the advent of the Health Insurance Portability and Accountability Act (HIPAA), there is a national mandate to standardize the format of both in-patient and out-patient medical records.

I believe that it is helpful to have a full understanding of the institutional roadblocks to acquiring medical records. Tennessee Department of Health HIPAA Privacy Policies are adding to the paperwork that we all have to sign at the doctor's office. While there have been occasions in the past where there have been privacy violations of a person's medical records, the broad sweep of HIPAA has, in my opinion, done more to frustrate necessary uses by the patient than it has to protect a justifiable privacy interest.

Having said that, health care providers have a justifiable concern that inadvertent disclosures could result in heavy civil penalties and liability. An indication of the governmental approach to this matter is revealed when you consider that the enforcement arm for HIPAA is the Office of Civil Rights.

A vigorous effort must be made by the patient or counsel to acquire the necessary medical records to support the claim or injury with the least amount of difficulty. This process begins with a properly worded and executed Authorization for Release of Medical Records which is normally provided by the lawyer's office. There is hardly a lawyer alive who objects to his client's help in gathering all of these records. Please remember that not only are the medical records a critical part of any settlement or trial, but the bills from the health care providers are equally important.

Be your own best advocate.Tennessee Medical Records Hints Keep all medical bills and Explanation of Benefits reports as they arrive. If possible, arrange for these documents to be sent to your email in PDF format for easy retrieval and transmission to your lawyer. Remember that for you to get a fair result, it must be proven that the other party's fault was the direct cause of the injuries from which you suffer and that these injuries are both real and properly documented. By doing these relatively simple things, the client-patient can protect that which is valued the most, one's future.