If youve been injured in a car accident, you may try to handle the insurance claim yourself. This makes perfect sense if your injuries are not severe or your medical treatment is minimal. However, what often happens is that the adjuster will ask you to sign a medical release, handing over your medical records to the insurance company. Is this a smart idea? When considering whether to send a medical release to an insurance adjuster following a car accident, there are several key factors to consider. This decision can significantly impact your insurance claim and potential settlement. Heres a breakdown of the considerations:Understanding Medical Release FormsYour medical information is protected by a federal privacy law called HIPAA. The Health Insurance Portability and Accountability Act was signed in 1996 and prevents people or agencies from accessing your personal medical information without your permission. The permission slip for medical records is called a release or sometimes just referred to as the HIPAA Authorization. When you sign one of these, you are stating (1) Who can request medical information; (2) What information they can request; and (3) When the permission expires.In a car accident setting, insurance adjusters need your medical information to evaluate your claim. The medical records and bills are how you prove what your injuries were and how severe your injuries were. The adjuster cannot make a settlement offer without the medical records and bills in the file. However, there are limitations that should be put in place to ensure the adjuster doesnt access more than they are entitled to. If you dont want to provide a medical release, you can request your records and bills yourself and send them to the adjuster. This is preferred in order to maintain privacy.Pros of Providing a Medical ReleaseIt can speed up the claim process, as the adjuster gets direct access to necessary medical information. Tracking down your own medical records takes time. Odds are you have already spent a good amount of time going to medical appointments, getting your car fixed, and sitting on hold with the insurance. Spending even more time calling doctors for records can cause you more stress and drag out your claim. If your treatment was simple or you dont have significant health issues outside of your injuries, signing the release might make more sense.Cons of Providing a Medical ReleaseThe biggest downside of signing a release is the loss of privacy. If you dont read them carefully, these forms can sometimes give insurers access to your entire medical history, not just records related to the accident. The adjuster is only entitled to information related to your injuries not your entire history. Often the adjusters will send blank forms for you to sign, which allows them to fill in the blanks for any provider they choose. If you do sign a release, make sure it is very specific set out the particular provider, date range, and expiration date.Theres a risk that the insurance company may use your past medical history to argue that your current injuries are not related to the accident. If you have medical history that might open yourself up to this kind of response from an adjuster, its best to talk with a lawyer about how to handle your claim.Important ConsiderationsBefore signing any release, its advisable to consult with a personal injury attorney. Attorneys have experience in the many excuses insurance adjusters make. We know what kinds of questions to ask and how to anticipate possible problems down the road. Unless your treatment is very simple, talk with an attorney before signing anything from the insurance company.You can provide a release that is limited in scope, focusing only on records related to the accident. This is all the adjuster is entitled to. If they try to convince you otherwise, you should involve an attorney. Theres a good chance the insurance company is trying to take advantage of you if this happens. Know that you are not obligated to immediately provide a release; you can take time to understand its implications. You have 3 years to settle your claim or file a lawsuit. Its ok to take some time to carefully read the documents or talk with an attorney.The Role of Insurance AdjustersRemember, insurance adjusters work for the insurance company and their primary aim is to minimize the companys payout. They can and will use everything they can against you. Thats where a personal injury attorney can help you have someone on your side who understands how the insurance game is played.Alternatives to Full ReleaseInstead of a full release, you might consider providing specific documents that are relevant to the accident. Or you can request the records and bills from the doctor yourself. Since theyre your medical records, you are entitled to them. No doctor or hospital can say that you cant have your medical records.If your case involves psychological injuries and you treated with a therapist, a summary or letter from your doctor regarding the accident-related injuries can be a compromise. You are not legally obligated to provide complete mental health records in order to pursue a claim for psychological injuries.ConclusionDeciding whether to provide a medical release to an insurance adjuster after a car accident is a nuanced decision. Balancing the need for a prompt and fair settlement with the protection of your privacy and rights is key. Always consider consulting with a legal professional to guide you through this process and help you make the best decision for your situation. If you have been injured in a car accident and need help, consultations are free. Call us at 720-500-2076 any time.
Protecting Your Loved Ones Independence and Well-Being at HomeHelping a family member remain independent and living at home is a labor of love, but at times it can be overwhelming. There is so much to consider beyond just their overall health and well-being. Depending on the situation, a loved one may need immediate or future help coordinating medical care or managing finances. Having the proper Power of Attorney credentials established can help caregivers navigate the complexities of the system and avoid costly or time-consuming pitfalls during their loved ones aging journey.Here is a basic overview of two of the most common Power of Attorney documents:Financial Power of Attorney (Durable)With a Financial Power of Attorney (POA), a person known as the principal appoints an agent to carry out financial and other activities, as instructed by the principal. Often the person designated is a family member but note that it may be advisable to name a primary agent and an alternate agent. Principals may choose whether the POA becomes effective immediately or only in the event of illness/disability. Ideally, the POA document should have language indicating that it is durable (remains in effect even after the person is legally incapacitated). In Pennsylvania, the Financial POA must be notarized and witnessed. The law also stipulates that a POA must exercise the powers for the benefit of the principal, keep the assets of the principal separate from their own, and exercise reasonable caution and prudence. Financial Power of Attorney ceases after the principal passes away.Medical Power of AttorneyPennsylvania recognizes two types of advanced directives for healthcare decisions: Medical Power of Attorney and Living Wills. The Medical Power of Attorney, also known as a Healthcare POA or healthcare proxy, is broader in scope than a Living Will in that it empowers the caregiver to make all medical decisions if their loved one is unconscious, incapacitated, or mentally incompetent. The appointed person will be able to access medical records, speak to healthcare professionals, and make healthcare judgments and medical decisions based on their loved ones treatment (or non-treatment) preferences. A Medical POA is a crucial component of advance care planning, allowing your loved one to ensure that their healthcare preferences are honored. The document must have two witnesses and be notarized.Information and downloadable Power of Attorney pdf documents are available online. During the application process to Senior LIFE, a Senior LIFE outreach coordinator can also help you get started with the POA process. Contact us today.
Dentists, Diabetes, and You: Effects Diabetes has on Teeth and GumsOCTOBER 25, 2023In the United States, one in ten people have diabetes. However, one in five people with the disease arent aware they have it. This is concerning because managing the condition without a diagnosis can be challenging.While a medical doctor is often the first to see symptoms of diabetes, your dentist is another professional who can spot signs of the condition during your preventive checkups. Diabetes can have a serious impact on your oral health; therefore, its important to properly manage the disease if youre diagnosed.DIABETES IN THE UNITED STATESDiabetes is one of the most common types of chronic disease in America, which is why its important to understand the effect of diabetes on oral health.The Centers for Disease Control and Prevention (CDC) estimates that 37.3 million people living in the U.S. have diabetes, yet only about half are officially diagnosed with the disease.More shockingly, as many as 96 million Americans are prediabetic, meaning they have a higher than normal blood sugar, but its not high enough to be considered diabetic.The number of diabetes diagnoses is expected to dramatically increase in the United States during the next decade. Because of this, keeping track of any changes in your oral or physical health is essential. Untreated diabetes can lead to serious medical complications and even death, so its vital to go to preventive medical and dental appointments where professionals can spot signs of the condition.Although there is no cure for diabetes, it can be managed with lifestyle changes and medications.DIABETES AND ORAL HEALTHDiabetes impacts many parts of the body, including the mouth and teeth. If diabetes is left untreated, patients may experience the following symptoms:Dry mouth due to less saliva productionA higher risk of cavities and tooth decayIncreased risk of developing gum diseaseA higher risk of developing an infection in the gum and bone that hold teeth in placeTooth lossBad breathDuring your bi-annual preventive checkups, your dentist can compare any changes in your oral health that may indicate diabetes. Maintaining good dental health habits and receiving professional deep cleanings from your dentist can also help lower your HbA1c or average blood glucose levels.Its a two-way street! Though dental patients with diabetes are more likely to develop gum disease, dental cleanings help reduce a diabetic patients risk factors for unhealthy glucose levels.REDUCING YOUR RISK OF DIABETESPreventing diabetes, specifically type 2 diabetes, is one of the best ways to care for your oral and physical health. Medical professionals recommend the following to reduce your risk of developing the disease:Eat more plant-based food such as leafy greens, legumes, fruits from trees, and whole grainsSkip trendy diets and focus on maintenanceLose excess weightMove your body for at least 30 minutes a dayIncrease good fats, such as olive oil and nuts, in your dietDENTAL APPOINTMENTS ARE IMPORTANT FOR ORAL AND OVERALL HEALTHVisits with your dentist are important for oral and overall health. Dentist keep your teeth, gums, and mouth healthy and are also on the lookout for changes in your overall health. Small changes in your mouth may not mean much to you, but to dentists, these changes can indicate bigger problems such as diabetes, oral cancer, and other medical conditions.For more information about how dental appointments help your overall health, check out this blog.CLINIC AND PROVIDER TIPS, ORAL HEALTH