Accurate, comprehensive, and detailed medical billing records can be of immense value when establishing any facts, proving damages, or supporting claims in any form of legal process related to medical malpractice. This paper seeks to explain how legal practitioners would deal with medical billing records in different cases, which type of case warrants the production of such records,
what record has to be kept from a legal perspective, what are the minimum legal standards to retain the various medical records, and from a lawyer’s point of view, how these can be effectively used.
Medical billing records, in most instances, are highly required in legal cases to back up claims or prove damages. Legal professionals wishing to win a case and help their clients need to understand the various kinds of cases that require these records.
Cases for Social Security Disability
SSD cases depend, to a large extent, upon medical evidence to prove the severity of the impairments and the inability to work. Thorough medical billing records become necessary as they create a picture of expenses incurred towards medication due to disability.
- Significance of Detailed Records in Medical Billing: They may be used to support treatments taken, expenses incurred, and the chronic nature of the treatment to be followed. They are a physical depiction of the economic burden resulting from disability.
- Usual Retention Time for Medical Bills: It is advisable to keep medical billing records about SSD cases for a minimum of seven years after the case has been closed. This will ensure easy access to detailed financial documentation in case of any appeal or review in the future.
Personal Injury Lawsuits
In personal injury lawsuits, medical billing records can be of the utmost utility to any case, as they help prove the extent of the injury and its related medical treatment expenses. They are used as proof to quantify damages and justify compensatory claims.
- Medical Billing Records in Proving Damages: Such records show treatment rendered, procedures undertaken, and their costs. They establish a close or direct link between the injury sustained and a financial detriment to the plaintiff.
- Relevant Legal Precedents: Examples often cited in legal precedents include the need for complete medical billing records to support claims for medical expenses, lost wages, and even pain and suffering.
Essential Medical Billing Records to Keep
Accurate and comprehensive documentation is essential for legal purposes. Very important records to be retained include:
- Itemized Bills and Invoices: These are itemized details of the rendered medical services relevant to various dates, procedures, and costs.
- EOBs and Insurance Claims: The insurance company sends EOBs to the patient that outline coverage, the total that will be paid, and the amount the patient must pay.
- Medical Reports and Treatment Summaries: These are intended to provide a summary of all medical evaluations, diagnoses, treatments administered, and their results accordingly.
Legal Requirements and Best Practices in Retaining Records
Proper retention of medical billing records is essential to ensure compliance with the law and to protect patient confidentiality. However, some guidelines must be followed for safely managing and retaining those most important documents.
- Duration Guidelines Related to the Preservation of Medical Bills: Although specific requirements will certainly vary based on jurisdiction and type of case, how long to keep medical bills generally have a retention period of seven years from the date of service or until the patient reaches the age of majority, whichever becomes longer.
- Ensuring Compliance with HIPAA and Other Privacy Regulations: The single most sensitive aspect of medical records would be patient confidentiality. There are necessary considerations lawyers must make about HIPAA and other privacy laws when storing and maintaining medical billing records. These include safe storage, access limitation to only authorized personnel, and proper disposal methods that guarantee sensitive information regarding patients will not end up in the wrong hands.
How Attorneys Use Medical Billing Records
These records can be incredibly helpful for both prosecution and defence cases related to a myriad of issues, including matters such as personal injury, medical malpractice, or disability claims. The following are some of how attorneys could benefit from these records:
Medical Expenses and Damages Evidence
Medical billing records provide tangible proof to back up the extent and cost of treatments associated with the injury or disability in question. They become very instrumental in giving clear quantification for economic damages as part of a claim.
Supporting Documentation for Negotiations and Settlements
These medical billing records are reverted to at times of negotiation or settlement by lawyers to prove compensation claims. These records present a factual basis that will help determine the quantum and may influence settlement amounts based on documented medical expenses and financial impact.
Wrapping Up
Medical billing records are fully legally valuable for cases like Social Security Disability or personal injury lawsuits. Let Record Retrieval Solutions, a Florida corporation with strategic partnerships across the country, skillfully manage your record retrieval needs. They have many years of experience and strong relationships in record management, ensuring the highest level of service delivery.
