“I was in a car accident last year where the other driver was at fault & I had to go to months of physical therapy/ treatment etc after sustaining a back injury along with missing months of work. I’m otherwise healthy before this. I had to hire an attorney & have a deposition coming up. My attorney’s office asked me “discovery questions,” where I also disclosed my 10-year medical history/ any providers I’ve been to during that time. I know that certainly in the last 10 years, I’ve seen a chiropractor & likely some other docs, but couldn’t even begin to tell you who or where they were if I didn’t maintain treatments with them.
My question: is there some type of central database or way the other insurance company can pull the providers I’ve been to in the past without me having told them who they were specifically? I have intermittently seen chiropractors in the past for a basic adjustment, but not consistently, and certainly can’t remember where I went.
Essentially, I’m curious if they find something I didn’t include & not only discredit me but try to argue that I’m lying. Dealing with anything legal gives me anxiety & I’d prefer to not be apart or this at all, so it’s possible I’m overthinking the whole thing.”
Citation: Reddit
by u/BMF16 in legaladvice
“The insurance companies keep track of claims. It is not uncommon for them to “know” about or have information on a person’s claim history. This does not guarantee the information they have is accurate. I’ve seen it before where they try to pin a prior on a client because of the vehicle involved and not the specific person. I don’t expect my clients to remember all of the details of their medical history. I instruct them to give us as much as possible to relay to the other side and if something pops up that they do not remember just say “I didn’t remember that.” Just DO NOT try to hide anything. That is how cases get destroyed.”
Helpful Tips:
1. Consult Your Attorney: Your attorney is your best resource in this situation. They can provide guidance on what information you need to disclose and how to handle any potential discrepancies in your medical history.
2. Medical Privacy Laws: Generally, due to medical privacy laws like HIPAA in the United States, insurance companies can’t access your medical records without your consent. They can, however, request this information as part of the discovery process in a lawsuit. If you’ve given them permission to access your medical records, they could potentially find out about past treatments.
3. Honesty is Key: It’s important to be as honest and thorough as possible when providing your medical history. If you’re unsure about certain details, it’s better to say so rather than guess. If you unintentionally leave something out, it’s usually not seen as lying, especially if you can provide a reasonable explanation.
4. Review Your Own Records: If possible, try to review your own medical records or contact previous providers to get a better understanding of your medical history. This can help ensure that you’re providing accurate information.
5. Don’t Stress Over Minor Details: If you’ve occasionally seen a chiropractor for routine adjustments and didn’t mention this because you didn’t think it was relevant, it’s unlikely to be a major issue. The focus is likely to be on significant injuries or conditions that could relate to your current injury.
6. Remember the Purpose of Discovery: The discovery process is designed to gather information, not to catch you in a lie. If the insurance company finds something you didn’t include, your attorney can help you address this.
Every case is different and this information may not apply to your case. Consultations at Dettman Law are always free and we don’t get paid until there is a recovery.
