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Keeping Medical Records Confidential in a NY Personal Injury Case

We are often asked about how to protect confidential medical information when pursuing a personal injury claim in New York.

The short answer is … beware. By filing a personal injury lawsuit, you are exposing your entire confidential medical, and possibly psychological, history and records to the defense.

In most cases, the court will require you to sign an authorization allowing the insurance company, or their defense attorneys to obtain your medical records.

The New York City injury attorneys at Rosenberg, Minc, Falkoff, and Wolff fight to make sure our clients only give authorization for information that is related to your accident.

Insurance companies want to examine the paperwork that documents your pre-existing injuries in order to determine if you have had past medical issues with the parts of your body that include your newly claimed injuries—regardless if the pre-existing injuries are even 10 years old.

The Claims Information Bureau (CIB) defends subscribed firms and insurance companies by providing information about your past PI claims. The CIB will reveal all of the injuries previously claimed by you, as well as who represented you and the settlement amount. This information is accumulated and shared among all of the insurance companies and investigative firms defending injury claims.

This makes it easy for an insurance company investigator to send a subpoena or contact the law firm that defended the old case to obtain your old claim file and all of the documents in it. Often times your old injuries will appear far worse on paper because your then-lawyer was gathering every bit of information to help you win your case.

Denying that the prior claim exists when you have filed it and collected money is really not an option. Doing this will essentially end your current claim.

Some clients believe if they go to a different lawyer for the new claim then they can hide the fact that they had a prior accident and claim. It doesn’t work. The minute you file a claim, your name social security number and other personal information is run through the CIB and your previous claim is easily discovered.

Confidentiality of medical records is largely waved when you bring a lawsuit claiming injuries. If you claim that you are depressed or psychologically harmed as a result of your accident and injuries, then any previous psychiatric treatment or counseling would have to be revealed.

The important point to understand is that previous injuries recorded in your medical records are likely to surface from your general medical history, medical insurance payment records, or your treating family doctor.

The New York City injury attorneys at RMFW Law recommend that you speak candidly to your attorney so that they can advise you properly about revealing your past injuries. If the injuries were pre-existing there may still be a claim for an aggravation of an old injury, but if you are claiming an aggravation, it must be presented in the proper manner with the proper medical documentation.

Speak with the New York City injury attorneys at RMFW Law today to get a confidential consultation regarding your case. Together we can make your case a strong one—with the correct legal advice!

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April Johnson
April Johnson
15:54 30 Jun 23
Easy access to thr firm with a very nice Lawyer
Benjamin Roussey
Benjamin Roussey
19:03 29 Jun 23
No firm gets it done like RMFW. They are the best.They are awesome - for sure.
Roberto Martinez
Roberto Martinez
19:02 24 May 23
I’ve been in the personal injury field as an investigator for 29 years. All in New York City. Out of all the hundreds of Law Firms I’ve worked with, Rosenberg Minc Falkoff & Wolf, would have to be at the very top of my list. Amazing staff great attorneys.If you want the job done right, these are you guys.
Julio Ochoa
Julio Ochoa
20:49 18 May 23
I highly recommend Rosenberg, Minc, Falkoff & Wolff, LLP for their outstanding assistance in obtaining a settlement for an Erb's Palsy birth injury case. Their knowledge, dedication, and compassionate attitude were important in attaining a successful end. Their professionalism and assistance were simply outstanding from beginning to end. I am deeply thankful for their representation and would enthusiastically recommend them to anyone seeking justice in a similar situation.
Aisha Neri
Aisha Neri
20:29 18 May 23
I recently had the privilege of working with Rosenberg, Minc, Falkoff & Wolff, LLP on my daughter’s birth injury case involving Erb's Palsy, and I cannot express enough gratitude for their exceptional legal services. From the initial consultation to the successful settlement, they demonstrated profound expertise, unwavering dedication, and genuine compassion for my family's situation.From the very beginning, the team proved their commitment to justice. They thoroughly investigated the circumstances surrounding my child Erb's Palsy birth injury, leaving no stone unturned. Their extensive knowledge and understanding of medical malpractice law, coupled with their deep expertise in birth injury cases, provided us with tremendous confidence in their ability to handle our case.The attorneys at Rosenberg, Minc, Falkoff & Wolff consistently displayed exceptional professionalism and attention to detail throughout the entire legal process. They meticulously gathered evidence, consulted with medical experts, and built a compelling case that clearly outlined the negligence and liability on the part of the medical professionals involved. One aspect that truly stood out was the genuine care and compassion exhibited by Daniel Minc, Lorraine Licul, and the entire team at Rosenberg, Minc, Falkoff & Wolff. They treated us not just as clients but as individuals with unique emotions and concerns. They took the time to listen attentively to our worries, provided constant updates on the progress of our case, and promptly responded to our inquiries, ensuring we felt supported and reassured throughout the process. Their empathy and understanding made an immeasurable difference during such a challenging and emotionally taxing time.When it came time to negotiate a settlement, Daniel Minc demonstrated remarkable skill and tenacity. He fought fiercely on our behalf, advocating for fair compensation to cover any potential long-term effects of Erb's Palsy on my child's life. His negotiation skills were truly impressive, as they secured a settlement that exceeded our expectations and provided the financial resources necessary to support my child's future needs.I cannot recommend Rosenberg, Minc, Falkoff & Wolff highly enough to anyone seeking legal representation in Erb's Palsy birth injury cases or any other medical malpractice matters. Their extensive experience, unwavering dedication, and empathetic approach make them an exceptional choice for families navigating the complexities of birth injury litigation. Thanks to Rosenberg, Minc, Falkoff & Wolff, my family now has the means to provide the best care and opportunities for my child's future.If you are seeking a law firm that combines legal expertise with genuine compassion, look no further than Rosenberg, Minc, Falkoff & Wolff, LLP. They will tirelessly fight for your rights and ensure your voice is heard, providing you with the support and justice you deserve.
Aoki R
Aoki R
17:14 17 May 23
I highly recommend Rosenberg, Minc, Falkoff & Wolff, LLP. They are a team of dedicated professionals fully committed to their clients. I have witnessed the firm's amazing work ethic in my experience with their attorneys and Lorraine Licul. Lorraine is a knowledable, empathetic and results-driven professional. Minc is an excellent attorney and I greatly appreciate the firm's expertise.
Michael Levites
Michael Levites
17:42 12 May 23
I have recommended this firm to some of my friends and I heard back only positive feedback about the client responsiveness, diligence and hard work put in by these attorneys. I will continue to refer anyone who suffered a personal injury to Rosenberg Minc..
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