Can my attorney sign medical release forms without my knowledge or permission? 8 Answers as of January 30, 2012
Regarding, medical release forms, can an attorney sign without knowledge/permission of client/patient? I was wondering if my attorney is legally authorized to sign medical records release form on my behalf, without my prior knowledge/permission? My attorney requested my medical records, but did so without me ever signing anything and records (not related to the case) were released that I did not want to have released. Is that normal?Free Case Evaluation by a Local Lawyer!
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Robert Mortland | Law Office of Robert Mortland
You have to sign a release that your attorney forwards to the medical provider. It is not legal for your attorney to sign your name and you must give permission to give your lawyer your medical documents.
Answer Applies to: California
Replied: 1/30/2012
McCallum & McCallum | Donald G. McCallum
Nobody can sign your name to anything without your permission, unless you have been found by a court to be unable to handle your own affairs.
Answer Applies to: California
Replied: 1/30/2012
Attorney at Law | Ernest Krause
OF COURSE, your attorney cannot sign medical release forms without your "knowledge or permission." That would be unethical. PERHAPS you gave him/her permission in an Attorney-Client fee agreement or such, in the "fine print" without knowing what you were doing.
Answer Applies to: California
Replied: 1/27/2012
Law Office of Jeff Yeh | Jeff Yeh
Your attorney can do it, but only after consulting you and obtaining your permission.
Answer Applies to: California
Replied: 1/27/2012
Law Office of Andrew Roberts | Andrew Stephen Roberts
Absolutley NOT! Violation of HIPPA Rules and is forgery!
Answer Applies to: California
Replied: 1/27/2012
Dennis Roberts, a P.C. | Dennis Roberts
Need more info. Is this from a personal injury case where you signed a contract? Otherwise it makes no sense. He certainly cannot snoop into your private medical records and there is a federal statute - HIPPA -preventing this. The problem I have is that no hospital would release these records without his complying with the HIPPA requirements so you might have a law suit against the lawyer AND the hospital.
Answer Applies to: California
Replied: 1/27/2012
Law Office of Keith Allen | Keith LaSalle Allen
That depends on what the contract that you signed says. Also, if when you retained him, if he had you sign an unfilled authorization form, which he could just copy and put the name of the vendor he wants to obtain records from, then he has your written authorization, which he can use for pretty much getting anything he wants. You should contact him and discuss it with him very frankly and ask him what exactly you signed or how he got your records.
Answer Applies to: California
Replied: 1/26/2012
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
I would not do that. But , if this is a personal injury case, such authority may be in the agreement. Call attorney and discuss this.
Answer Applies to: California
Replied: 1/26/2012
