QUESTION
Can my attorney sign medical release forms without my knowledge or permission?
Asked on Jan 11th, 2012 on Criminal Law - California
More details to this question:
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?
5 ANSWERS
Criminal Law Attorney serving Santa Ana, CA
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The Law Offices of Christopher J. McCann
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An attorney can do this, but he or she should have consulted with you and gotten your consent to do so first.
Answered on Jul 17th, 2013 at 1:45 AM
Workers Compensation Law Attorney serving Sacramento, CA
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Ernest Krause Attorney at Law
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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.
Answered on Jan 27th, 2012 at 11:00 AM
Your attorney can do it, but only after consulting you and obtaining your permission.
Answered on Jan 27th, 2012 at 10:57 AM
Absolutley NOT! Violation of HIPPA Rules and is forgery!
Answered on Jan 27th, 2012 at 10:48 AM
Criminal Law Attorney serving Oakland, CA
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Dennis Roberts A Professional Corporation
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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.
Answered on Jan 27th, 2012 at 10:08 AM