If you’re involved in a personal injury case and looking into medical lien funding through High Rise Financial, we can assure you that the details of your treatment will remain confidential. We take your privacy seriously and only disclose the details of your treatment when you give us permission – and only to the provider who has agreed to provide care. If you apply for and receive medical lien funding, we will put this confidentiality agreement in writing.
Our agreement will also stipulate that we pay medical providers directly, and you repay us when you win your case. If you need medical treatment after your accident but you can’t afford to pay for it, we can help.
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Your lawyer has a duty to keep communications between the two of you confidential. This is known in legal terms as attorney-client privilege. This confidentiality applies to all aspects of your case, including your medical treatment.
They will not disclose the details of your medical treatment without your permission. For example, they wouldn’t release the details to a reporter calling them about your accident. But they would ask your permission to release the details of your case and medical treatment so far to a lien-based doctor who is now taking over your medical care.
The bottom line is your lawyer will only disclose information about your medical treatment as necessary to get you the medical care you need or to use to help negotiate the settlement you deserve.
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You have also heard of doctor-patient confidentiality. It’s outlined in the American Medical Association (AMA) Code of Medical Ethics. It requires medical professionals to protect your privacy, confidentiality, and medical records.
Your doctor or other health care provider can only release information about your medical treatment with your consent. The exceptions would be if they were under court order, or a state requirement to disclose information related to public health.
This code of ethics doesn’t change because you got medical lien funding.
Sharing Your Information as Part of Settlement Negotiations
Of course, your lawyer will need to share the details of your medical treatment and the associated costs as part of settlement negotiations. They will need to prove to the other side that your medical treatment is the direct result of your accident.
In this way, they can help get you the compensation you deserve. Lawyers for the other side are also bound by confidentiality rules. The settlement process usually ends with a non-disclosure agreement (NDA) which prohibits all parties involved from discussing the details of your personal injury claim, or the settlement.
If Your Case Goes to Court
The one situation where the details of your medical treatment might NOT be confidential (whether you get medical lien funding or not) would be if your case goes to trial. When your lawyer files your personal injury lawsuit, they do so in civil court.
The documents they file as part of your case, and the documents the other side files are considered public record. This means any member of the public, including journalists, may get access to all the details of your case, as long as they know where to look.
Each court has a clerk’s office where they keep an alphabetical listing of all of the people and companies involved in legal action. Some courts have a searchable online database for this as well. Here is a sample online database from the San Francisco Superior Court.
As you can see, it’s relatively simple for someone to look up your case, find out when you’ll be in court, and show up to report on the case. The public nature of a personal injury civil trial is a big part of the reason that most personal injury cases end in an out-of-court settlement. Neither side wants the details of what happened to become public.
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Get the Medical Care You Need Now with Medical Lien Funding
Applying for medical lien funding and defective medical device lawsuit funding with High Rise Financial is a simple process. Either you or your doctor simply fill out the appropriate form to get started. In most cases, we can have an answer for you quickly, and even help set up your first appointment.
If you’re in the middle of a personal injury case and can’t afford the medical care you need, we can help. Call us at (866) 407-6404 with questions, or start a chat to get more information.