Personal injury victims do not give big insurance all of your medical records. When you bring a claim for bodily injury the insurance company will want you to sign a release to get your medical records. All of your medical records whether related to your claim or not. They are fishing for evidence against you and will not stop at records they are allowed to get.
Your medical records are privileged and are protected by statute in Ohio. The only records the insurance company are entitled to are those related historically or causally to the instant injuries. This means they can get any records from your past if the relate to the same body part that you are claiming injury for.
In the case of Mason v Booker the insurance lawyer wanted all the records from a hospital where Ms Mason had been treated. The court stated they only get those records that relate to the current injury. How this is determined is that the judge looks at the records in private and makes the determination.
So just rember your life is not an open book when you bring a lawsuit. Don't sign the insurance company authorization that allows them to get everything or you will have given up your rights. Let your own accident injury attorney get all the records anf if their is nothing in there of a personal or embarrassing nature you then can decide if youu want to let the insurance company review all the records.
So just because you were treated at an emergency room for the injury doesn't mean they get all your records. Though many insurance laywers will try to get things they are not entitled to. Don't let them intimidate you. After all it was their insured that hurt you.
by Cincinnati car truck motorcycle accident injury attorney Anthony Castelli. Call Tony today for free to get the help you need 1-800-447-6549
8170 Corporate Park drive #220
Cincinnati, Ohio 45242