Any effort to obtain the medical records of an accident victim exposes the existence of a conflict. The insurance company wants proof of a claimant’s injuries. Yet the claimant has the right to request that his or her medical records remain private.
How is that conflict resolved?
The victim can limit the amount of his or her personal health information to which the insurer is given access.
Who can request a medical report?
• Any adult can seek material from his or her own medical record. In response to such a request, the adult seeking certain material receives a copy of what was requested.
• An adult parent can seek the record for a son or daughter.
• A child can request a parent’s record.
• A family member can seek the records of a deceased loved-one.
• Anyone that has been given a Power of Attorney can seek the medial records of the person that granted that Power of Attorney.
Does the physician always hand over all of the material that has been requested?
No, the physician is allowed to withhold certain information. For instance, a doctor can withhold any communications that he or she has had with other doctors. In addition, a doctor has the right to withhold any information that he or she feels should remain private. Sometimes a patient has told a doctor what facts that same patient does not want shown to others.
Finally, a physician has the right to withhold any information that might cause a panic. This provision may reflect an awareness of what can happen if members of the public gain access to the wrong information.
Types of medical malpractice
There are a variety of medical malpractice claims that a plaintiff can file based on the negligence and injury they sustained. From a surgeon leaving a sponge inside the stomach of a patient to failure of telling the patient about serious side effects of the prescribed medicine. Thus, under the preview of medical malpractice, these aspects are covered:
Failure to treat properly: If a doctor treats a patient unprofessionally which led to injuries or harm, the doctor stands liable for the outcome. That is why it is essential to keep all reports with you as it maybe needed to prove liability.
Not diagnosed properly: If the doctor failed to diagnose the ailment properly or diagnosed it differently, the patient might have got better treatment. Thus, if the patient was harmed due to misdiagnosis of the right ailment, they can file a claim for medical malpractice, with the help of personal injury lawyer in Cornwall.
Incorrect treatment: If the doctor does not provide the right treatment or neglects the patient which leads to further complications, the patient has the right to file for compensation.