📅 2026 Update: Key Changes in Personal Injury Law

Since the original article was published, there have been significant changes in personal injury law that impact how claims are handled. These updates are crucial for anyone navigating the legal landscape following an accident. The earlier article continues further down the page, providing more foundational information.

🔄 Changes in Causation Burden

The Housley presumption has been abolished in Louisiana as of May 28, 2025. This change means that plaintiffs now carry the full burden of proving causation in personal injury cases. This shift can make it more challenging for individuals to win their claims in Louisiana.

🔒 HIPAA Changes in Privacy Rules

In June 2025, a federal court vacated the HIPAA reproductive health privacy rule. This ruling halts its enforcement nationwide, impacting how personal injury cases involving reproductive health information are handled. Patients may face challenges in obtaining privacy protections for sensitive health information.

✅ CARES Act Implementation

The CARES Act final rule took effect with a compliance deadline of February 16, 2026. This rule changes how patient consent works for medical disclosures. A single consent can now cover all future disclosures related to treatment, payment, and healthcare operations, potentially streamlining claims processes.

⏳ New Medical Record Fees

As of January 1, 2026, fees for medical records in California and Pennsylvania have changed. In California, fees are capped at $0.25 per page for standard copies and $0.50 per page for records from microfilm. Pennsylvania has a tiered system with varying rates based on the number of pages, impacting the costs for obtaining necessary documentation in personal injury claims.

📋 Medical Record Access and Timelines

Patients have the right to access their medical records under HIPAA. Healthcare providers must respond to requests for these records within specific timeframes, such as 30 days under federal law. In California, the processing time is five business days, while Los Angeles County aims to respond within 15 days.

This quick access is essential for building a strong personal injury case.

📌 Key Points to Remember

  • Louisiana’s Housley presumption is abolished.
  • The HIPAA reproductive health privacy rule is no longer in effect.
  • CARES Act allows for broader consent for medical disclosures.
  • New medical record fees apply in California and Pennsylvania.
  • Timely access to medical records is crucial for personal injury claims.

💡 Tips for Navigating Personal Injury Claims

Review specifics of your situation with your attorney to ensure you understand your rights and options.

📄 Know Your Rights to Medical Records

Patients have the right to access their medical records under HIPAA. Understanding this right can help you obtain necessary documents for your personal injury claim.

⏱️ Act Quickly on Deadlines

The statute of limitations for personal injury claims varies by state, typically ranging from one to six years. It's important to file your claim within this period to protect your legal rights.

📝 Complete Authorization Forms

When requesting your medical records, you must fill out a HIPAA-compliant authorization form for each healthcare provider. Properly completing these forms ensures timely access to your records.

📬 Use the Right Submission Method

Requests for medical records can be submitted via mail, fax, or patient portals. Check your provider's procedures to determine the best method for your request.

🔄 Keep Track of Processing Times

Be aware of the processing times for medical record requests. Under federal law, providers have 30 days to respond, and in California, it is five business days. Understanding these timelines can help you plan your claim effectively.

🔍 Utilize Free Resources

Consider using resources from the U.S. Department of Health and Human Services or state health departments for guidance on accessing medical records. Nonprofit legal aid organizations may also offer assistance.

❓ Frequently Asked Questions

❓ What is the Housley presumption?

The Housley presumption was a legal assumption in Louisiana that placed the burden of proof on the defendant in certain cases. This presumption was abolished on May 28, 2025, requiring plaintiffs to prove causation in personal injury cases.

📅 How long do I have to file a personal injury claim?

The time limit, or statute of limitations, for filing a personal injury claim varies by state and usually ranges from one to six years. It's crucial to file within this timeframe to protect your legal rights.

📜 What should I include in a medical records request?

When requesting medical records, include a HIPAA-compliant authorization form, your contact information, and any necessary details about the specific records you need. This information helps facilitate a quicker response.

⏳ How long do providers have to respond to medical record requests?

Under federal law, healthcare providers must respond to medical record requests within 30 calendar days. For records stored off-site, they have up to 60 days to fulfill the request.

💡 Can I access my medical records without a lawyer?

Yes, individuals can access their medical records without the assistance of a lawyer. Patients have the right under HIPAA to request and obtain their own health information directly from providers.

🔄 What should I do if my medical records are incorrect?

If you find errors in your medical records, contact your healthcare provider to request a correction. Providers are required to respond to these requests and update records as necessary.

⚖️ Recent Court Rulings Related to Personal Injury Cases

Recent court rulings have shaped the landscape of personal injury law, impacting how cases are handled and the evidence that can be presented. These rulings can significantly influence personal injury claims and the burden of proof required.

Explore more recent rulings in the news section with more rulings on the news page.

End of October 2026 Update






Introduction 

Medical imaging has revolutionized the way we diagnose and treat diseases, helping to save countless lives. Computerized Tomography (CT) scanning is one of the most widely used imaging techniques in the medical world, allowing doctors to produce detailed images of the internal organs and structures of the body. CT scans are used to diagnose a wide range of conditions, from infections and inflammations to injuries and cancer. In this article, we will explore the science behind CT scans, their applications, and the latest advancements in this technology. 

What is CT Scan? 

A CT scan, also known as a CAT (computerized axial tomography) scan, is an imaging technique that uses X-rays and advanced computer software to generate detailed cross-sectional images of the body. CT scans are more detailed than traditional X-rays, allowing doctors to see both bone and soft tissue more clearly. The images produced by CT scans can provide information about the size, shape, and location of abnormal growths, injuries, or other pathology. 

The CT scanner uses a rotating X-ray machine to take multiple images from different angles around the body. These images are then combined to produce a 3D image of the part being examined. CT scanners use ionizing radiation, which is a type of radiation that can damage DNA and increase the risk of cancer. However, the amount of radiation used in a CT scan is generally considered safe, and the benefits of the scan outweigh the risks for most patients. 

Applications of CT Scan 

CT scans are used for a wide range of medical applications. Some of the most common uses include: 

- Diagnosing and staging cancer: CT scans are used to detect the presence of cancerous tumors, determine their size and location, and check for any spreading of the cancer to other parts of the body. They are also used to determine the stage of cancer, which can help doctors decide on the best treatment options. 
- Diagnosing and monitoring injuries: CT scans can be used to diagnose and monitor injuries such as fractures, dislocations, and internal bleeding. They are particularly useful in the emergency department, where quick and accurate diagnosis can be critical. 
- Diagnosing and monitoring infections and inflammations: CT scans can be used to diagnose and monitor infections and inflammations, such as pneumonia, appendicitis, and sinusitis. They can help identify the location of the infection and determine the extent of the damage. 
- Planning and guiding surgery: CT scans can be used to plan and guide surgical procedures. They provide detailed information about the part of the body being operated on, which can help surgeons avoid damaging nearby structures such as nerves and blood vessels. 
- Diagnosing and monitoring cardiovascular disease: CT scans can be used to diagnose and monitor heart disease, such as coronary artery disease. They can detect blockages and narrowing of the arteries, which can help doctors decide on the best treatment options. 
- Diagnosing and monitoring lung disease: CT scans can be used to diagnose and monitor lung disease, such as emphysema and lung cancer. They can detect abnormalities in the lungs such as nodules and tumors, which can help doctors determine the best course of treatment. 

Risks of CT Scan 

As with any medical procedure, there are some risks associated with CT scanning. The most significant risk is the exposure to ionizing radiation, which can increase the risk of cancer. However, the amount of radiation used in a typical CT scan is generally considered safe, and the benefits of the scan usually far outweigh the risks. 

Other risks of CT scanning include: 

- Allergic reactions to contrast material: Contrast material is a substance that is sometimes used to make certain abnormalities more visible on the CT scan. Some people may be allergic to this material, which can cause an allergic reaction. 
- Radiation exposure in pregnancy: Pregnant women are generally advised to avoid CT scans, as the radiation can harm the developing fetus. However, in some cases, the benefits of the scan may outweigh the risks for the mother and fetus. 

It is important to let your doctor know if you are pregnant or might be pregnant before undergoing a CT scan. 

Latest Advancements in CT Scan 

CT scanning technology is constantly evolving, and new advancements are being made all the time. Some of the latest advancements in CT scanning include: 

- Dual-energy CT scanning: Dual-energy CT scanning is a newer technology that allows for more accurate diagnosis of certain conditions, such as gout, kidney stones, and cancer. Dual-energy CT uses two different X-ray energies to create the image, which can provide more information about the composition of the object being imaged. 
- Low-dose CT scanning: Low-dose CT scanning is a technique that reduces the amount of radiation used in the scan. This can be particularly important for certain patients, such as children and those who require multiple scans over time. 
- Contrast-free CT scanning: Contrast-free CT scanning is an advancement that allows the scan to be performed without the use of contrast material. This can be beneficial for patients who are allergic to the material or have kidney problems that prevent them from receiving the contrast material safely. 
- Cone beam CT scanning: Cone beam CT scanning is a specialized type of CT scanning that is used to obtain highly detailed images of areas such as the mouth, jaw, and sinuses. This type of scanning uses a cone-shaped X-ray beam to reduce radiation exposure and provide a more detailed image. 

Conclusion 

CT scanning is a valuable tool in the diagnosis and treatment of a wide range of medical conditions. It allows doctors to obtain highly detailed images of internal structures, which can aid in diagnosis and treatment planning. Although there are some risks associated with CT scanning, these risks are generally considered small compared to the benefits of the scan. As technology continues to advance, CT scanning is likely to become even more accurate and less risky, which will further improve patient care.