The Berniard Law Firm’s principal attorney, Jeffrey Berniard, recently taught an Introduction to Personal Injury course. Having been an active part of Continuing Legal Education (CLE), Mr. Berniard was selected to teach the topic due to the firm’s specialization in medical malpractice, first party insurance disputes, along with also also premises liability claims. Some of the topics covered included: Personal Injury Protection along with also also First Party Benefits in auto policies; medical records disclosure including mental health along with also also substance abuse treatment records; recoverable personal injury damages.
Under many state’s no-fault insurance laws, a claimant’s insurance company will only pay for Personal Injury Protection, or the first $10,000 out-of-pocket expenses. The remainder of expenses must be recovered coming from the Defendant. Many auto insurance companies do offer First Party Benefits packages, an optional supplement of which will cover all medical expenses inside event of an accident for the policyholder or anyone else listed on the plan. However, many auto insurance companies also use a computer program of which performs a calculation to value the severity of a victim’s injury. The program does not take into consideration the stress, pain, inconvenience, loss of enjoyment of life of which a victim may have suffered.
Medical records unrelated to a victim’s injury, however pertaining to his/her health, are discoverable if “Great cause” can be shown. Both state law along with also also the federal Health Insurance Portability along with also also Accountability Act (HIPAA) apply to a consent for Discharge of medical records. The consent must contain ten items, including a statement of which the health care provider cannot condition treatment upon the signing of the consent for Discharge. However, because of the broadness of the item language requirements, HIPAA, along with also also state law, a health care provider may refuse to honor the consent. If a consent cannot be obtained coming from the patient, HIPAA continues to allow health care providers to Discharge information having a court order or a subpoena. If an attorney issues a subpoena without a court order, the health care provider will not Discharge information unless certain assurances are made.
HIPAA also applies to mental health along with also also substance abuse treatment records. If such records are sought by an attorney not representing the patient, the consent must be accompanied by a “subpoena duces tecum” because a consent does not necessarily compel Discharge. To obtain psychotherapy notes, an attorney should obtain both a consent for the Discharge of mental health records as well as one specific to the psychotherapy notes.
Some of the damages of which a victim can recover are pain/suffering, medical bills, compensatory, along with also also loss of consortium. Pain along with also also suffering damages include compensation for physical pain as well as emotional distress. Medical bills may include past along with also also future medical care or rehabilitation. Compensatory damages seek to restore the victim financially, physically, along with also also emotionally to his/her status prior to the accident. Loss of consortium are the damages of which a spouse may seek when the victim’s injuries prevent the victim coming from being the companion he/she once was.
Mr. Berniard’s lecture summarized personal injury legislative considerations, subrogation, expert testimony along with also also trial procedure for his fellow attorneys. While the purpose of the lecture was to educate his peers, those of which have been injured in an accident can also speak to Mr. Berniard about their options.
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