What happens if I dont sign for the medical claims release form?

Question

My son was on his bicycle and hit head on by a utility vehicle driven by a TV production employee at a race track; Now the employee's claims department wants me to sign a Medical Claims Release form for them to obtain my son's medical information from the accident.  He was not permanently injured (that we know of), but we did have to take an ambulance to the hospital and spend 6 hours in ER and CT scans, x-rays and other diagnostic tests performed.  Also, we incurred out of pocket expense of cab fee to return from hospital.  Should I sign this form and return to them or should I seek legal counsel? I have not received any bills as of this date yet, but I am worried about medical costs.

Josh Lamborn · Answer

I would never advise someone to sign a blanket release authorizing a defendant access to my client's entire medical record.  However, in order to settle your claim you will eventually need to submit your son's records for any treatment related to the injury and any previous injury he may have had to the same body parts.  With cases I am handling I wait until I know my client is medically stationary.  I will then send a demand packet that includes, among other items of evidence, copies of the medical records related to the claim.  This way I control what the defendant has access to. Sometimes there is irrelevant and sensitive protected health information in these records that I do not want an insurance company to have access to.  If those items are included in the documents I will redact them from the copies I send to defense.    As far as whether you should seek legal counsel, that is a decision only you can make.  Most personal injury attorneys will meet with you for a free consultation.  When I meet with someone on a case, if I think that the case is simple enough for them to handle on their own, I will tell them that and make a few suggestions as to how they should proceed.  If they then are unable to come to a satisfactory settlement, the client will usually return and hire me to help them settle or file a lawsuit on their behalf.

Eric Chandler · Answer

It never hurts to contact a lawyer, and most injury lawyers will be happy to discuss things with you at no charge.

Gregory Casale · Answer

Whether or not you seek legal advice is your option. However, if you wish to pursue a claim for your son, I would certainly advise that you have an attorney represent him. When you sue someone for personal injury, typically it will be their insurer who defends the claim. I can assure you that they will have their attorneys handle this matter. It will not be the TV production company or the employee who handles the case, it will be their attorneys I can also assure you that the attorney will be trying to get the case resolved for as little as possible. That is his or her job. Would you want to go against an experienced attorney on your own? Do you think you have a chance of getting the best settlement on your own? Probably not. I would strongly advise you to seek counsel. There is no cost to you to hire a lawyer. With Personal Injury (PI) cases, the attorney gets a percentage (usually 33%) of the settlement. That gives the attorney the same incentive that the client has, to maximize the monetary award.  As far as the medical release, this is just one of a million reasons why you should have an attorney. An attorney knows that you have to allow the other party to see the medical bills and records of the accident. A lay person would not know that and may get in trouble for denying to provide it. However, you shouldn't just sign the release for their attorneys to get that information. Your attorney should review the release and obtain the necessary information and then allow the other side access. There are many other issue such as this. Another example is that an attorney knows that the insurance company representing the other party has an obligation to disclose the policy limits of the insurance coverage of the defendant. There may be a lot more coverage available that you would guess. A lay person probably wouldn't not know this and may  never know how much insurance coverage was available to cover the claim. I am sure that you can see my point by now. Let them use their knowledge, skills and training to get the most money possible for your case!!  If you haven't already hired an attorney and would like to discuss your son's case in more detail, you can reach me at the numbers listed below.

Andrew Myers · Answer

Probably the best course of action is to in fact retain an attorney to help you with this.  One reason is that yes, if you are going to pursue a claim for the son's injuries, the insurer for the liable party must see the medical records.  One way to get them is for you to sign a HIPAA compliant release.  Another way is for you to have your attorney get all of the records.  Still the records can't be released without such a release, but your own attorney will be able to better advise you as to the many requirements for presenting the claim and avoiding the insurer's claim minimization tactics.

Travis Prestwich · Answer

You should not sign the form but should retain an attorney asap.

Tim Jones · Answer

I encourage you to seek legal counsel.  It is unclear to me who is requesting the medical release and why.  Depending on the facts, you may or may not be required to comply with the request.

Ronald Lowry · Answer

Don't sign it. Do you really want some stranger who is adverse to you and your family to have unbridled access to your son's medical records? I have not seen the document but I would bet that it is unlimited access to any medical record anywhere. Get a lawyer immediately!

Lyle Masnikoff · Answer

Go hire an attorney

Timothy Klisz · Answer

It really depends on the severity of the injuries.  I would be happy to  discuss this with you free of charge.

Jeffrey Wittenbrink · Answer

You should confer with an attorney prior to signing any documents, especially one entitled a Medical Claims Release or any other kind of Release.  The wording of the particular document may mean that you are not entitled to make any claims on behalf of your son, and you and your son may have a claim for compensation for his injuries and expenses.

Sam Louis Levine · Answer

Yes, you should seek legal counsel.  Call a few attorneys & hire one that you feel comfortable with & that is available to help you son.  Good luck!

Jared Altman · Answer

The first thing you should do is make sure you've filed a No Fault application. All your bills should be covered. Second, see if you can get a lawyer interested in your case. I wouldn't contact the adverse insurance company under any circumstances unless you are sure that you have to handle it yourself because you can't interest an attorney in the case. If so, then yes, give them the authorization. They want to see your son's medical records for themselves so they can make a determination about how badly he was or was not hurt.

William Allen · Answer

They want the release so they can see if he's injured.  If you file a claim, you'll have to give them the records anyhow.  It does not sound like a serious claim regardless; I personally would give it to them, but also demand a copy of any records obtained or no deal.

Barry Rabovsky · Answer

We would be happy to provide you with a free consultation if you call my office at either of the numbers listed below.  If my office accepts your case, there is no fee charged unless we are able to obtain a settlement for you.

Francis Paul Hajek · Answer

One of the benefits of hiring a personal injury lawyer is that he or she will protect you from claims agents and their requests for statements and releases.  I never allow my clients to sign medical releases for the defendant.  You are better off if you get the records and provide them to the defendant.

Bernard Huff · Answer

Retain and/or consult with a plaintiff's personal injury attorney before you sign anything.

Paul Whitfield · Answer

When you make a claim for personal injuries your medical history is an OPEN BOOK. They have a right to this information and probably will not pay you til they get what they ask for. Sounds like you have ER bills which might be a couple thousand dollars (with CT scan) If he is OK just do the best you can. You did not tell me anything about negligence, or whether your child was partly at fault or how old your child is. To get anything other than medical bills you must show FAULT of the other driver and NO FAULT on the part of your child. It is not clear from what you said how that shakes out

Vincent Bernabei · Answer

You should not sign the medical release form without consulting with an attorney.

Gary Moore · Answer

I would think that they want the records to evaluate your son's claim. You should not be in too much of a hurry to settle your son's claim. Head injuries can be slow to reveal their true nature.  As for his medical records you should release them, on the condition that you receive a copy of same. You need a copy fo purposes of your son's case and they will get them eventually before they make your son an offer. Call me if you like.

Thomas Patton · Answer

You should not sign the form without first having it reviewed by your legal counsel. The TV company has an attorney whose sole job is to limit the amount of money that they will have to pay on your son's claim. You need an attorney whose sole job will be to maximize your son's recovery. Please consult a legal professional for your son's sake.

Matthew Kaplan · Answer

I am relieved to read your son has not suffered any permanent injuries. Regardless, you should not sign any forms until you have hired an attorney on your sons behalf.

Mark Leonardo · Answer

Insurers always send the medical release so that they can request the medical records from the health care provider. This is normal. You have the right to limit the scope of records requested (e.g., by date, no mental records, no HIV tests, etc.). They often leave the name of the health care provider blank so they can use one form for multiple providers.  You also have the right to revoke the release at any time after you sign it.  Sometimes the insurer will accept copies of the medical records you obtain and provide to them.  But sometimes they dont trust the victim or their attorney and want to get the records directly from the health care provider. Usually, a person in your shoes only has bills, but not the actual medical records. They are obviously experienced at getting them and you are not. Since this is your child, your son probably has no medical records from the past that will affect this claim or will reveal mental health or prior head injuries which may affect how they handle the claim. Many clients of mine have extensive health records that they dont want to reveal.  The insurer is ultimately only entitled to get records that are pertinent to the claim being made.  Past records reflecting injury or treatment to the same area of the body are pertinent (so they can claim pre-existing injury, etc.). But if your son had a broken leg in the past, it obviously has nothing to do with his current head injury. So if you were in a lawsuit, you could obtain a protective order to limit the scope of the records. But this is pre-litigation and unless theres some big deal about his past medical records, signing the release should not be a big deal.

Spencer Farris · Answer

In Missouri, the claims department is only entitled to medical records for the parts of the body injured- the release they are asking for will give up all of your son's private information. I would never let him sign it. You are entitled to recover his medical and other economic damages, as well as non economic losses- pain, inconvenience and so on. The problem is that it sometimes takes a while for these to develop, especially with kids and head injuries. While the claims folks (and some injury lawyers) might want to rush forward for a settlement, you should wait until you are reasonably sure that you know the full extent of his injuries. You didn't tell me how old your son is, or when this happened. This is crucial information, as there are time limits to file a lawsuit, and you don't want to wait past those!

Ryan Tomalas · Answer

Based on your description of this incident it sounds as though you will absolutely want to obtain counsel on your son's behalf.  We never provide "blanket" medical authorizations to an insurance company; rather we collect all of the appropriate medical documentation and provide only the relevant documents and bills (redacting that information that an insurance company is not supposed to evaluate) in support of our client's claim.  This allows us to control the information that the insurance company is evaluating and ensure that they are not taking "liberties" in their evaluation.

Steven Fink · Answer

If you want the TV production company to pay for the expenses they will need the medical information. If you sue them they will be entitled to it anyway. If they pay your expenses and give you a few thousand dollars for your experience that will be sufficient if there are no permanent injuries.

Christopher Thayer · Answer

Assuming this occurred in Washington, you do not need to (and should not) sign any release form offered by the at-fault insurance carrier.  I would recommend that you consult with an experienced personal injury attorney in your jurisdiction.  Most such attorneys offer a free initial consultation.  It is important that you understand and protect your son's rights.

Andrew Velonis · Answer

It sounds like you are making a claim against the driver's insurance company to compensate your son for his injuries.  If so, the insurance company is entitled to look at the medical documentation to determine what the extent of the injuries are.  If they don't have the documentation, they cannot evaluate the claim and so will not be able to make a settlement offer.  If this is a no-fault claim and you do not sign the authorizations, they will deny the claim and will be justified in doing so.

Robert Lucky · Answer

I would definitely seek legal counsel before signing anything. Your son needs to be aware of any and all rights he may have as far as recovery goes.

Steven A. Schwartz · Answer

In Massachusetts, your son is considered a pedestrian and pedestrian rules apply. It is the truck's insurance that will pay the initial bills for your son regardless of fault.  This insurance carrier is often called the PIP carrier (or Personal Injury Protection) carrier. The Massachusetts Insurance policy requires you to fill out a PIP application, which includes an agreement that allows the company to obtain your son's medical bills and records.  Because they are paying these bills, they are entitled to obtain them. The company should only be requesting records that pertain to your son's accident.  As far as needing legal counsel, that depends. Your son may have a claim for pain and suffering, but certain requirements must be met for that to happen. First, the truck driver must be more than 50% at fault for the accident, and second, there is a medical threshold requirement. If your son has no broken bones or scarring, he would need over $2000 in medical bills. If both these requirements are met, he would have a claim potentially for his pain and suffering. I would advise that you contact an experienced personal injury attorney immediately to safeguard his rights.

Joseph Lipsky · Answer

The question of whether to provide an insurance company access to your son's medical records, for purposes of ascertaining the severity of the personal injuries he sustained from the car accident, is one you should certainly discuss with an experienced personal injury attorney.

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What happens if I dont sign for the medical claims release form?

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