If you've been hurt because someone else was careless, the road to recovery isn't just about healing physically—it's about proving what you went through. That’s where your medical records come in. These documents are more than just files; they tell the story of your injuries and how they’ve affected your life. They also play a key role in building a strong case when you’re trying to get compensation.
In Vermont, medical records are an essential part of how personal injury cases are handled. This article breaks down why they matter, what the local laws say about accessing them, and how you can make sure your records work in your favor when it’s time to make your case.
Why Medical Records Matter in Personal Injury Claims
Your medical history after an accident gives your case the structure it needs. Here’s what those records help show:
- How badly you were hurt: Records can highlight the full impact of your injuries.
- Where the injuries came from: Doctors’ notes can help link the injuries directly to the accident.
- How long recovery takes: Timelines show that your medical care was ongoing and necessary.
- What the future looks like: Reports can help show whether you’ll need more treatment down the road.
Without this documentation, proving your pain, costs, and need for future care can become much harder.
Vermont’s Legal Rules on Medical Records
If you’re pursuing a personal injury case in Vermont, state laws offer some important protections and rules about your records:
Access and Release of Records
You have the right to request your medical records, and health care providers are required to share them once you give written permission. Both sides in a legal case will typically need access to records that are relevant to the injury.
What’s Private, What’s Not
Only the records related to your injury should be released. If there’s a disagreement over what’s relevant, the Vermont Department of Labor can help resolve the issue.
Pre-Existing Conditions
Vermont follows the "eggshell plaintiff" rule, which means that if a person had a prior condition that got worse because of the accident, the responsible party can still be held liable for the full harm.
Using Medical Records to Strengthen Your Case
Here are a few ways to make your medical records work for you:
Don’t Delay Care
If you wait too long to see a doctor, insurance companies may argue your injuries aren’t serious or didn’t come from the accident. Getting checked out right away supports your claim.
Keep a Complete Paper Trail
Make sure to keep copies of everything, including:
- ER or urgent care reports
- Imaging and lab results
- Doctor visit summaries
- Medication records
- Therapy and rehab updates
Stay Consistent
What you tell your doctor and what’s in your claim should match. If your story shifts, it could be used to question your credibility.
Protecting Your Privacy
Sharing medical records doesn’t mean giving away all your health information. Here’s how to protect yourself:
- Only share what matters: Limit release forms to the injuries involved in your case.
- Run it by your lawyer: Before signing anything from an insurance company, check with your attorney.
When Medical Experts Get Involved
In some cases, your lawyer might bring in a medical expert to:
- Clarify how the injuries happened
- Explain why treatments were necessary
- Offer opinions on future recovery needs
These insights can make a big difference when negotiating or going to trial.
Call Brandon J. Broderick For Legal Help
If you’re navigating a personal injury case in Vermont, understanding how your medical records fit into the puzzle is key. At Brandon J. Broderick, Attorney at Law, we know how to build a case that reflects your experience—and how to protect your rights every step of the way.
We can help you. Reach out to us today for a free consultation. Let’s talk about how we can help you move forward with confidence.