How do I Limit the Authorization for My Medical Release of Information?

by Anonymous

I am filing my own personal injury claim and have a medical release form request from the liable party. I would like to limit the authorization to things pertaining only to the accident injury. How do I go about this?

Visitor Question:
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.

ANSWER for "How do I Limit the Authorization for My Medical Release of Information?":

The Medical Release Form will normally be generic, not naming any specific medical provider.

Where the form begins with something like: “I hereby authorize the release of my medical records to …. (Law Firm or Attorney’s name or Insurance Company)", you can modify it by stating: “I hereby authorize Dr. (fill in your doctor’s name) office to release my medical records to…. (Law Firm or Attorney’s name or Insurance Company). That way the release will only be effective for a Dr. (your doctor).

If you want your doctor to release only those records related to the specific injury made the basis of your claim you can add that language to the Medical Release Form. Regrettably the opposing party will not agree to that. In turn the opposing side may cease negotiations with you, thereby forcing you to consider filing a lawsuit.

That will be a problem as well, because if you do file a lawsuit the law says the opposing party can subpoena your medical records. (The confidentiality between your doctor and you is impliedly waived when you file a claim or lawsuit alleging injuries).

Unless you decide to drop your claim, the opposing party will have the right to see your medical records – within reason. That is if you had your tonsils removed 5 years ago those records would not be subject to discovery by the opposing party because they are too remote.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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