Before signing a medical authorization after an accident, understand who is requesting it, which records it covers and how the information will be used. A request from your own insurer may involve obligations different from a request by another person’s insurer.
In this video, California personal injury attorney Norman Gregory Fernandez explains why a medical release deserves careful review.
Identify the request and the deadline
Keep the entire form, cover letter and related messages. Confirm the carrier, adjuster, claim number and coverage involved. Ask for clarification if the request does not identify the information needed or the reason for it. Send a copy to your attorney before responding.
Do not ignore a request from your own insurer. Your policy or applicable legal process may require cooperation. An attorney can help determine what must be provided and when without treating every request as identical.
Read the scope of the authorization
Look for the providers, date range, categories of records, recipients, expiration and any language permitting additional disclosures. A form requesting all records for your entire life raises different questions from a defined request for accident-related treatment. Some prior records may be relevant to causation, so limiting a request is not the same as hiding a relevant medical history.
Understand what signing permits
An authorization can allow records to be obtained directly from providers. Ask how copies will be handled and keep a copy of anything you sign. Do not rely on an oral assurance that contradicts broad written language. If a form includes terms you do not understand, obtain an explanation before signing.
Preserve relevant information
Keep bills, records and provider contacts, including relevant earlier care. Do not alter a chart or ask a provider to omit an unfavorable fact. If a record contains a factual error, use the provider’s correction process and tell your attorney about it. A complete and accurate history supports a sound evaluation.
Different stages can involve different rules
A voluntary authorization during an insurance investigation differs from formal discovery or a subpoena after a lawsuit is filed. Each may involve separate procedures and deadlines. Do not assume refusing a voluntary form means records can never be requested through another lawful process.
Bring the request, policy information and treatment timeline to a consultation. Your lawyer can evaluate the appropriate scope and response while keeping the claim moving. There is no universal answer to every medical authorization request.
General information, not legal advice. Every case depends on its facts. No result is guaranteed. An attorney-client relationship requires an agreed engagement.
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