The insurance company wants me to sign giving them access to all my medical records should I sign? 40 Answers as of May 28, 2013

I was in an accident where I broke my femur and out of work for 3-4 months total (If everything ok then).

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
Under Michigan law, you have to sign the form. When you make an injury claim, your life becomes an open book. There is a difference, however, between their right to know about stuff from your records, and their ability to use it in court.
Answer Applies to: Michigan
Replied: 11/22/2012
Douglas J. Smith, Attorney
Douglas J. Smith, Attorney | Douglas Smith
This is a common request. It is your right to sign or not sign.
Answer Applies to: Oklahoma
Replied: 11/16/2012
A. Dawn Hayes & Assoc. P.A.
A. Dawn Hayes & Assoc. P.A. | A. Dawn Hayes
No, if this is a liability or workers' compensation insurance company because you will be giving them permission to obtain all of your records, whether they are related to your injury or not. You can give them limited permission by indicating that they can obtain records from named medical providers only.
Answer Applies to: Florida
Replied: 11/16/2012
Lewis B. Kaplan | Lewis B. Kaplan
I don't need to tell you that you have a serious injury. With a fracture like this the relevance of all your medical records is questionable. Accordingly you would be well advised to speak further with a lawyer concerning your claim.
Answer Applies to: Illinois
Replied: 11/16/2012
Law Office of Melvin Franke | Melvin Franke
You need to meet with an experienced injury attorney.
Answer Applies to: Missouri
Replied: 5/28/2013
    The Law Office of Stephen R. Chesley, LLC
    The Law Office of Stephen R. Chesley, LLC | Stephen R. Chesley
    If you were injured you should contact an attorney to represent you. When you bring a lawsuit for personal injury your medical conditions come into question and the insurance company usually requests authorization to review your past and present medicals to assist them in either evaluating the case or defending same. You are bring a claim that you were injured so they have a right to see if it is related to the incident, was there any pre existing problem, or other reason for the injury.
    Answer Applies to: New York
    Replied: 11/16/2012
    Lombardi Law Firm
    Lombardi Law Firm | Steve Lombardi
    Sometimes I read these questions and wonder, "Are they seriously trying to do this on their own? I won't try to fix a leaky pipe without calling a plumber so what makes a person believe they are smart enough to handle a legal case when it takes 7 years to learn to be licensed to practice law and at least 5 years practicing to do it right? If it's Iowa workers' compensation you will have no choice, if you want benefits. You have what appears to be a serious injury and the resulting benefits can be significant. Go hire a lawyer who understands this area.
    Answer Applies to: Iowa
    Replied: 11/16/2012
    John Russo | John Russo
    How to you expect them to know what happened to you and how much your medicals are if you don't Guess, or take your word. I don't understand you people why are you doing this yourself, because you don't want to have to give the lawyer anything and you can keep more Sure right, the short money you end up taking will be no where near what you would have received if you had an attorney. You can't do this asking questions on the internet, but you will try, I hope you don't try operating on your self also.
    Answer Applies to: Rhode Island
    Replied: 11/16/2012
    The Law Offices of John J. Carney Esq.
    The Law Offices of John J. Carney Esq. | John J. Carney
    You should have an attorney handling the case. You will eventually have to turn over all the medical reports but this is something oyu should discuss with a lawyer who is familiar with the facts of your case.
    Answer Applies to: New York
    Replied: 11/16/2012
    Law Office of Christian F. Paul
    Law Office of Christian F. Paul | Christian F. Paul
    Most personal injury attorneys would not advise you to sign such a blanket release. You would be best advised to visit a local personal injury attorney with every scrap of paper that has anything to do with the injury, treatment, insurance claim, etc., and get his or her take on the matter. Even if you have to pay for the consultation, it could be money well spent, as you sound like you need protection. Insurance companies are in the business of making money, not paying it if they can help it. They want all your medical records for a reason. This response is based on very limited information and cannot be considered specific legal advice. Only a full consultation with an attorney can provide a complete answer. No attorney-client relationship is intended or created. Hope this helps. Good luck.
    Answer Applies to: California
    Replied: 11/15/2012
    Dunlap Law Offices | Jerry J. Dunlap II
    The basic issue in any accident case is whether or not you sustained injury as a result of the accident. Accordingly, the insurance carrier requests that you sign a medical authorization and advise them of your medical providers so that they may double check your medical records and history. This is normal operating procedure where you have made a claim to recover for personal injury.
    Answer Applies to: Oklahoma
    Replied: 11/15/2012
    Law Offices of Stanley S. Lopata
    Law Offices of Stanley S. Lopata | Stan Lopata
    Do you have an attorney? If you had an accident in which you suffered a broken femur it is very very important that you be advised by a lawyer. Do not attempt to represent yourself!!
    Answer Applies to: California
    Replied: 11/15/2012
    Law Offices of Mark West
    Law Offices of Mark West | Mark West
    You should allow them to have access to the medical records related to the accident. If you had a femur fracture of the same leg in the 10 years before this accident, they would be entitled to know that as well. They are entitled to a medical history of you pertaining to that part of your body you are claiming injured in this incident. They are not entitled to a wholesale invasion in to private matters.
    Answer Applies to: California
    Replied: 11/14/2012
    Deaver & Deaver, PLLC | Benjamin W. Deaver
    There are many factors that need to be considered. You should not sign anything until you consult with an attorney.
    Answer Applies to: North Carolina
    Replied: 11/14/2012
    Maginnis Law, PLLC
    Maginnis Law, PLLC | T. Shawn Howard
    Before handing over the records, I would recommend first speaking with a personal injury attorney. For an accident with injuries that serious, I suspect there are plenty of attorneys that would handle the case on a contingency basis, meaning you would only pay if and when they settled your case.
    Answer Applies to: North Carolina
    Replied: 11/14/2012
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    It's the golden rule: "Whoever has the gold makes the rules". You are making a claim against the insurance company, they want access to your medical records, your employment history and your account at the hardware store. You have no choice.
    Answer Applies to: New York
    Replied: 11/14/2012
    Dwyer, Black & Lyle, LLP
    Dwyer, Black & Lyle, LLP | Kevin Habberfield
    If it is only for medical records, fine but, make sure that is all that it is for. You really should have an attorney helping you with this unless there is a small liability policy at play and they are just going to pay you the limits. Your case has value.
    Answer Applies to: New York
    Replied: 11/14/2012
    WEISSMAN LAW FIRM
    WEISSMAN LAW FIRM | I.Donald Weissman
    It is standard operating procedure for an insurance company to want to collect and review all medical records and bills relating to an accident and claimed injury. If there is anything in your history or that you do not want released by the health provider, exclude it from the release form.
    Answer Applies to: California
    Replied: 11/14/2012
    Victor Varga | Victor Varga
    You have to grant them access, otherwise how will they know the extent of your injuries and medical costs/expenses?
    Answer Applies to: Maryland
    Replied: 11/14/2012
    Garruto & Calabria, LLC
    Garruto & Calabria, LLC | Andrew F. Garruto
    Please see a lawyer first because you give those guys access to anything.
    Answer Applies to: New Jersey
    Replied: 11/14/2012
    Richard E. Damon, PC | Richard E. Damon
    If you are not hiring an attorney, probably yes. Otherwise, attorneys prefer to have the medical records sent to them first, so they can review the records for errors. Eventually the insurance company has to see the medical record so they can evaluate the case.
    Answer Applies to: California
    Replied: 11/14/2012
    Bernard Huff, Attorney/Mediator
    Bernard Huff, Attorney/Mediator | Bernard Huff
    You should at least retain and?consult with a personal injury lawyer for specific legal advice regarding your case, including the medical authorization you have been requested to provide to the insurance company.
    Answer Applies to: Indiana
    Replied: 11/14/2012
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    I prefer to get all of the records and bills for my client. They could look at old records if not limited. I would use an attorney.
    Answer Applies to: Alabama
    Replied: 11/14/2012
    Law Office of Mark J. Leonardo
    Law Office of Mark J. Leonardo | Mark Leonardo
    You have a right of privacy to your health history. Insurance companies/defense attorneys always ask for your entire medical health history and records, but they are only entitled to your health records regarding the area of your body that was injured in the incident giving rise to your claim. If you had uterine cancer or a broken hand, or torn rotator cuff, what does that have to do with your broken leg? Nothing. You can object or obtain a protective order to limit the scope of records produced. They do not get to go on a fishing expedition unless they can somehow show that it?s causally related or?directly relevant.? I have successfully fought these on numerous occasions, but it is time-consuming and many plaintiff?s personal injury lawyers are too busy to want to go through the hassle of preventing the production of all of your medical records. But I fight these because it always seems that they find discrepancies in the medical records if they get them all. Doctors and nurses make mistaken entries in medical records all the time. In fact, I don't think I have ever had a case where the records were 100% accurate. Defendants look for that. They try to find something contrary from what you testify to in a deposition to show you have either a faulty memory or are lying. You might say I had a broken right ankle when I was 18, but the records mistakenly say left ankle. Not a big deal, but if there are 2, or 3 or 4 of these mistakes, if could affect your credibility, even if the records are wrong and you are not. A jury will likely believe a doctor's records are more accurate than your memory. So it may be worthwhile if you have a good case to fight a comprehensive production of records.
    Answer Applies to: California
    Replied: 11/14/2012
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    When you make a claim for personal injuries your medical history becomes an open book. They routinely want to see if anything in your past can be a cause of your present problems. You may say of course not. They say: if you don't mind we will check the records and make sure. If they find anything in your past that may relate to this new injury they will argue about it. count on it. for example: an old injury, arthritis, congenital problem etc.
    Answer Applies to: North Carolina
    Replied: 11/14/2012
    Pinto Coates Kyre & Bowers, PLLC | Jon Ward
    You should be very careful about doing that. You need to decide whether you want to take on the insurance company yourself or if you want help from an attorney. If you think you might consult with a lawyer, you should not sign anything; your lawyer will obtain the medical records and bills and deal with the insurance company.
    Answer Applies to: North Carolina
    Replied: 11/14/2012
    Gates' Law, PLLC | Thomas E. Gates
    If you wish for them to pay your medical costs, you must release those records pertaining to the accident.
    Answer Applies to: Washington
    Replied: 11/14/2012
    Atterbury, Kammer & Haag | Eric J. Haag
    You don't have to sign the insurance company's authorization, but if you want to recover for your injuries you will need to give them at least some access to your medical records. That can also be done by having your attorney provide the insurance company with a limited authorization that does not give the company unlimited access to all of your records or permission to speak with your doctors.
    Answer Applies to: Wisconsin
    Replied: 11/14/2012
    Fairlie & Lippy, P.C.
    Fairlie & Lippy, P.C. | Christopher A. Bradley, Esq.
    No. You should speak with an experienced personal injury lawyer to discuss your options.
    Answer Applies to: Pennsylvania
    Replied: 11/14/2012
    Rothstein Law PLLC
    Rothstein Law PLLC | Eric Rothstein
    They can't evaluate your claim without your records. You would be better served with a lawyer though. How will you know if any offer is fair?
    Answer Applies to: New York
    Replied: 11/14/2012
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    If it is your own insurance company, then the policy probably requires you to cooperate with them so you need to do that. If it's the insurance company for the person who caused the accident, "just say no" (not just to drugs, but to insurance companies, as well).
    Answer Applies to: Florida
    Replied: 11/14/2012
    Adler Law Group, LLC
    Adler Law Group, LLC | Lawrence Adler
    I would never sign that. It gives them access to anything they want to dig through. Either get an attorney or give them only what is relevant directly from the doctor.
    Answer Applies to: Connecticut
    Replied: 11/14/2012
    Law Offices of A. J. Mitchell, LLC
    Law Offices of A. J. Mitchell, LLC | A. J. Mitchell
    You may best benefit from retaining legal counsel.
    Answer Applies to: Georgia
    Replied: 11/14/2012
    Fox Law Firm LLC
    Fox Law Firm LLC | Tina Fox
    No!! You should not sign w/o having an attorney review it first. The insurance companies want to end your claim quickly for the least amount of money paid out as possible. We will fight to get you a bigger return and we don't get paid until you get paid.
    Answer Applies to: Illinois
    Replied: 11/14/2012
    Tenge Law Firm, LLC
    Tenge Law Firm, LLC | J. Todd Tenge
    You should definitely not sign if the insurance company is the carrier for the at fault driver. If it is your own company, you may need to sign for compensation under either medical payments coverage (some states it is called "PIP) or a UM/UIM claim. Otherwise, they have no right to your medical records.
    Answer Applies to: Colorado
    Replied: 11/14/2012
Click to View More Answers:
12 3 4 5 6 7 Free Legal QuestionsConnect with a local attorney