QuestionI have a major claim, I was pregnant and went into early onset labor at 35 week following a car accident. The other person was found at fault. The insurance co. is requesting me to release my medical records. Do I have to do this? Should I do this?
AnswerHi Maria,
I hope that nothing went wrong with your baby, and I am approaching your answer on that basis, otherwise one would have thought that you would have mentioned it. If you are claiming that the accident trauma somehow caused you damages, then you have put your medical condition in issue. Hence, it is the duty of the insurance adjuster to consider all of the relevant records that might show any other impacts upon your condition. For example, what if your records showed evidence of a fall or other incident that also could cause the symptoms you complain of?
So, yes, you will need to release all of your medical records regarding your pregnancy if you are claiming that the trauma from the accident had some kind of negative impact upon either you or the birthing of your child.
If you or your child really were damaged somehow (that is, if there is any proof of some kind of damages other—or in addition to—the mere claim of one week early birthing), then I am going to suggest that you contact an attorney ASAP, since that would be, as you stated "a major claim". But you did not cite any problems with the birth of your child; nor did you cite any defects or problems with your child.
If either of those is true—i.e. you suffered damages because of this trauma OR your child had problems because of this trauma, then get to an attorney BEFORE you sign any medical records. DO NOT TRY TO DO A SERIOUS CASE ON YOUR OWN.
Doctor Settlement knows insurance settlements from personal injuries and www.SettlementCentral.Com teaches accident victims how to do self-help insurance injury claims. BUT NOT FOR THIS KIND OF CASE, IF IN FACT THERE WAS SOME PROBLEM WITH YOUR CHILD. In that case, there is no way a victim can handle her case pro se. Professional help is needed ASAP.
Otherwise, you might want to study your medical records to see if any doctor thinks that it was a big deal that you started one week early, since that is pretty common, even without any trauma. In other words, while you might think it was the basis of "a major claim", one would not expect any doctor to go out of her way to cite the trauma as having induced early labor. It happens frequently.
And, further, one would be surprised if any doctor thought that there was anything to complain about if all you had was one week early delivery of a healthy baby. What is the complaint, and why does not the delivery of such a gift totally overshadow the thought of being paid for going in early?
This is a kind way of telling you that unless there was some kind of problem with your birthing or with your baby, no attorney will ever take such a case because no jury would ever award a mother who was more concerned with getting a few bucks instead of giving thanks for the gift of a healthy baby. They would wonder what our society was coming to and vote an immediate defense verdict. You would be stuck with all of the professional fees and costs you incurred.
So, long story short, if you have no real proof of any problem other than merely going into labor one week early, I would be surprised if there is any claim at all. What does your doctor say in terms of both:
(1) Causation—did the trauma cause this or is one week early within the realm of expected? And
(2) What were the long term problems that the trauma caused—i.e. what were the damages?
Again, if this is truly "a major claim", see an ATTORNEY ASAP before you sign any medical releases. If not, then yes, go ahead and sign the releases. The insurance company does have the right to look into all of your medical conditions to see if there is something other than the trauma that caused any problems you or your child might have suffered.
This is NOT to say that you did not suffer some kind of damages owning to the trauma. You have not told me WHEN the accident occurred vis-à-vis the birthing date, nor what kind of trauma it was. But even moderate trauma can AND WILL cause soft tissue injuries. Hence, it is likely that you DO have a claim for negligent infliction of injuries and the resulting pain and suffering.
And everyone knows that carrying a child is hard enough, but when one has the added burden of pain and suffering from an accident, then there should be an award for damages suffered. So one thing I would focus on is finding any references in your medical records to discussion of the auto accident. That is how you can prove the pain and suffering you endured.
Also, terror about damage to your child is compensable IF you have mention of your worries in your medical records. You will call this negligent infliction of emotional distress. But, as I say, it (i.e. your severe worried about the baby) should be mentioned in your medical records. I would make the claim even if it is not mentioned. Let the adjuster tell you why she will not pay you for your legitimate worries.
I trust that my extra time here has produced some information that has been of value to you, and thus I would respectfully request that you take the time to locate the FEEDBACK FORM on this site and leave some feedback for me.
Best Wishes,
Dr. Settlement, J.D. (Juris Doctor)
http://www.SettlementCentral.Com
