Why are old medical records requested?
Old medical records can help determine whether an accident caused a new injury or aggravated an existing condition. That can make relevant earlier records an appropriate part of an injury case. It does not mean every request for a person's entire lifetime of medical information should be accepted without review.
A complete medical history can help explain the real change an accident made in your life. I would want to understand your prior symptoms and function before deciding which records bear on the claim. The objective is to present that change accurately while addressing privacy and the proper scope of disclosure.
Earlier records may provide a useful baseline
Someone may have had occasional back pain before a crash but remained able to work and manage ordinary activities. If the condition became more limiting afterward, the earlier history may help explain the difference. A record of a resolved injury can also be important when later symptoms involve the same area.
The comparison needs to be medically supported. Your own account can describe what you experienced, while a qualified physician addresses diagnosis and causation. An old imaging finding does not by itself answer whether the accident caused an aggravation.
New Jersey law recognizes that an existing condition can be worsened by a later injury. The evidence should distinguish the accident-related change as the applicable law requires. Reviewing the history early allows that analysis to be developed thoughtfully rather than left to an insurer's interpretation of a single prior entry.
Tell your lawyer what you remember
You do not need to arrive with perfect recall of every appointment. Identify prior treatment and similar symptoms as accurately as you can. If a date or provider's name is uncertain, explain that. Records may help fill the gap.
It is better to discuss a prior condition openly than to decide on your own that it cannot matter. Your lawyer can evaluate its relevance and help explain a resolved or changed condition. That conversation should be supportive and factual, not an exercise in expecting the client to have had an unblemished medical history.
The same approach applies to earlier accidents and claims. There may be records associated with them that provide a useful comparison. Knowing about those materials gives counsel an opportunity to obtain the relevant information and address any apparent inconsistency in context.
Review the scope of an authorization
An authorization may permit an insurer or another party to obtain records directly. Read what it covers before signing. The providers, dates and categories of information can make a substantial difference to its scope.
Some requests can be narrowed to the conditions and period genuinely at issue. Other requests may be justified by the history or the claims being made. The appropriate response depends on the facts and the governing discovery rules, rather than a blanket decision to disclose everything or refuse everything.
Sensitive information can raise additional protections. Counsel should review the particular request and any applicable privilege or statute. Privacy concerns are best addressed through a timely, reasoned response, including an appropriate objection or request for protection where warranted.
Distinguish privacy law from discovery obligations
HIPAA governs how covered entities handle protected health information, but it does not make all relevant medical records unavailable in litigation. Federal guidance explains circumstances in which information may be disclosed for judicial proceedings, subject to the applicable requirements.
The litigation rules separately govern what discovery may be obtained and how disputes are resolved. An insurer's request is not automatically equivalent to a court order, and a subpoena should not be ignored simply because medical information is involved.
I would examine the actual document and its deadline. Sometimes the issue can be resolved through a narrower request. In other circumstances, court involvement may be needed. The aim is to provide information properly at issue while protecting material that is not appropriately subject to disclosure.
Address mistakes and incomplete entries carefully
Medical records are important, but a brief entry may not capture every part of a visit. If a record contains an error, ask the provider about its established process for requesting a correction or amendment. Preserve the original record and the correspondence about the issue.
A disagreement about wording should be explained accurately. It is not appropriate to rewrite history to improve a legal claim. At the same time, the client should have a chance to identify a genuine error and provide relevant context through the proper process.
Old medical records may also contain shorthand that needs professional explanation. A lawyer should not assign a medical meaning to an abbreviation or diagnosis without an adequate basis. Clarifying that point can prevent both sides from drawing conclusions the record does not support.
Use the history to present the injury fairly
Once the relevant information is assembled, the focus should return to what the accident changed. That may involve a new diagnosis, greater symptoms or a meaningful loss of function. The account should recognize improvement and preexisting limitations as well as the harm attributed to the event.
An accurate comparison can strengthen the discussion of causation and damages. It also helps a client understand why certain records are needed and why some requests may deserve limits. Those are compatible objectives: fair disclosure and appropriate protection of private information.
If an insurer has requested old medical records, bring the request to counsel before assuming what it means. A careful review can identify the relevant history and the proper response while keeping the case focused on the injury you are asking to have evaluated.
Sources and Further Reading
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Michael B. Fusco is a New Jersey personal injury attorney certified by the Supreme Court of New Jersey as a Civil Trial Attorney. Read Mike’s biography and credentials.
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General Information
This article provides general information, not legal advice for a particular situation. Laws and policy terms must be applied to the actual facts. Reading this article or contacting the firm does not, by itself, create an attorney-client relationship.