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I injured my knee 4 years ago in a skiing incident and although it was mostly recovered, I had pain from time to time. Surgery was recommened at the time of the skiing incident but I declined since it seemed to be doing o.k. Now, I've been in an auto accident last month and have been told that my knee will only get better with surgery. I haven't told my personal injury lawyer or the doctor performing the surgery of the previous knee injury. Will the insurance company paying the settlement be able to find out about it? If so, how will they find out? I've never authorized the third party insurance company to get my medical records.

2006-07-15 16:14:34 · 10 answers · asked by Go-Girl 2 in Politics & Government Law & Ethics

10 answers

You will have to disclose ALL of your medical records before it over an done with, and the Dr. will know instantly if you have any scar tissue or cartilage built up in the knee area a good x-ray would show that and stop your settlement. If I were you, I would inform my attorney and let him/her inform everybody else, your attorney might be able to slip it in and get around it.Good Luck!

2006-07-15 16:22:57 · answer #1 · answered by Chuck H 4 · 0 0

Insurance companies have ways of finding out things. They may have access to your medical records anyway, because you probably had to sign something allowing them access when you signed up for the insurance.

Why does your doctor say it will only get better with surgery? If the accident made the injury worse, such that before the accident surgery was optional but now it is required, and if you can get your doctor to say this, it's possible they'll pay for it anyway.

2006-07-15 23:20:24 · answer #2 · answered by Tim 4 · 0 0

You authorized the release of your medical records or you will have to in the future, no records no payment is how that works. Not sure if that is true pre existing condition though. You didn't need surgery before, now you do need surgery, so you probably have a legitimate claim. Best at least tell your attorney so he is prepared to argue not pre-existing.

2006-07-15 23:23:58 · answer #3 · answered by frankie59 4 · 0 0

You don't need to authorize them to have access to your medical records. If you were in an accident and are collecting damages because of a medical reason, they are allowed to see your records.

I suggest that you tell your lawyer so that it is out in the open. It will look better if you are out in the open with it, otherwise it looks like you are untrustworthy and therefor using the accident as an excuse to get money.

2006-07-15 23:19:34 · answer #4 · answered by m_g_mcelroy 2 · 0 0

if they chose to research your medical history, and they surely have some right to do that, and could find out. But if your knee was truly injured in the accident and you are not just saying it was injured just to get the surgery, then I don't see what the concern would be.

2006-07-15 23:29:48 · answer #5 · answered by Emma 3 · 0 0

they can find out but it doesn't really matter if you got hurt again it wouldn't have matter about what has already happened. my step dad is going though the same thing. He tolf them that he already had probelms and they are still paying for the surgery because the accident made his probelm unbearable so they are fixing it.

2006-07-15 23:20:55 · answer #6 · answered by baby11kc 3 · 0 0

Lying can get you into lots of trouble.

2006-07-16 00:18:06 · answer #7 · answered by cheeky chic 379 6 · 0 0

Only if you keep telling everyone.

2006-07-15 23:18:41 · answer #8 · answered by Mark W 5 · 0 0

no just don't tell them. they can't prove it. don't even bring it up. keep your mouth close. get paid.

2006-07-15 23:18:47 · answer #9 · answered by leodjoneluv 2 · 0 0

They will now. hahahahaha

2006-07-15 23:17:45 · answer #10 · answered by Anonymous · 0 0

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