Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
Documenting and submitting complete medical treatment records is vital for maximizing recovery in a Virginia car accident injury claim. Below is a step-by-step guide under Virginia law:
1. Obtain Authorizations for Medical Records
Under HIPAA and Virginia law, you must sign a valid authorization to release protected health information. Insurance companies typically provide a form. If you bring a lawsuit, obtain provider-specific releases to comply with discovery rules.
2. Request and Collect All Treatment Documents
- Emergency room records
- Hospital admission and discharge summaries
- Physician notes, diagnostic reports, therapy records
- Itemized medical bills and explanations of benefits (EOBs)
3. Organize Records Chronologically
Create a digital and paper file labeled by date and provider. Use clear filenames (e.g., “2023-10-01_SmithOrtho_Visit.pdf”). Include an index sheet summarizing each document.
4. Prepare a Medical Summary Chart
Draft a chart that lists:
- Date of service
- Provider name
- Type of treatment
- Total charge
This helps insurance adjusters and the court quickly grasp the scope and cost of your care.
5. Comply with Virginia Discovery Rules
If you file suit, produce records in response to document requests under Virginia Code § 8.01-406.1 (Permissible limited inquiry into medical condition). Link: Va. Code § 8.01-406.1.
Admit certified copies under Supreme Court Rule 4:9, which allows business and medical records as evidence in lieu of originals. Link: Va. Sup. Ct. R. 4:9.
6. Submit to Insurer or Court
For an insurance claim, submit records with your claim package or as supplemental materials. For a lawsuit, attach records as exhibits to your discovery responses or motion. Always retain certified copies and keep originals in a secure place.
Helpful Hints
- Keep backup copies on a secure cloud drive and a USB device.
- Track deadlines: most insurers require records within 30–60 days; courts follow discovery schedules under Va. Sup. Ct. Rules.
- Use bold headings on each document to highlight key information.
- Obtain translations if records are in another language.
- Consult an experienced personal injury attorney early to avoid procedural missteps.