Prepare!
If you have looked for a workers compensation attorney, you may have called a few offices and learned that the attorneys ask you to collect your medical records. Most attorneys require prospective clients to provide them with a complete set of medical records relating to the injury. Often we will ask for records in the two years prior to the injury as well.
Reasons Why You Need to Collect the Medical Records
1. The injured worker knows who he or she treated with.
2. The injured worker is entitled to a copy of his or her medical records.
3. If attorneys took on the responsibility of collecting medical records, it invokes an ethical responsibility to collect all of them before reviewing the file. If the injured worker didn’t give us all the names of the all the treaters, its impossible. We are set up to fail.
4. When attorneys request medical records, they are billed by each office. I’ve seen bills ranging from $20.84 to $100. Most injured workers have seen an emergency room doctor, their family physician, one or two specialists, and one or two physical therapists. The costs of collecting these records mounts up.
5. I take about ten per cent of the prospective clients who call me. If I took on the responsibility of collecting records for all of them, and paying for the records, then I wouldn’t have time to devote to my current clients.
6. It’s a test. A good client will pull together their entire file and provide it. One thing I think about when taking the case is how cooperative my client is going to be.
If the Doctor Refuses to Release Your Records
If the doctor’s office says they will only release the records to your attorney, they are breaking the law. Alaska Statute 18.23.005 states:
Notwithstanding the provisions of AS 18.23.005-18.23.070 or any other law, a patient is entitled to inspect and copy any records developed or maintained by a health care provider or other person pertaining to the health care rendered to the patient.
So if you hear that from your doctor’s office, tell them about the law. If they still refuse, file a complaint with the Medical Board and with Consumer Protection.
For More Information
For more information on medical records, check out these blogposts:
Do Not Write On Your Medical Records - Keenan Powell, Attorney at Law
Why Do You Have to Get Your Medical Records? - Keenan Powell, Attorney at Law
Negotiating the Maze II: Medical Records - Keenan Powell, Attorney at Law
Call an Experienced Attorney
Keenan Powell has practiced Workers Compensation law in the State of Alaska for over 35 years and has dedicated her practice to Workers Compensation representing injured Alaskans handling hundreds of cases. www.keenanpowell.com.
All consultations are free. To make an appointment, email: keenan@keenanpowell.com or call: 907 258 7663.