Releasing Medical Records to Insurance Companies

Answer:

Just this morning, I got a telephone call on my mobile phone from a client who was referred to me. He had been injured in a car accident over the weekend. Every day since the accident, he was getting calls from the insurance companies, including the insurance company for the other motorist who ran a red light that caused the accident.

One of the questions that they were asking is if they could get him to sign a release to obtain all of his medical records— not only those related to the injuries from the accident, but everything. He was right about to email it over to this insurance company when he finally decided, maybe I should listen to what my friend said and call Terence. He called me and he asked me that question. I said, “Sir, whatever you do, please do not send that over to this insurance company.”

Now, it’s not because we’re trying to hide something or because they’re not going to get the relevant and pertinent medical records at the right time, but to put the case together for your best presentation if you’ve been injured in an accident, we want to control the evidence. We do not want a release that would be overbroad where they could go and talk to your doctors or start hiring their experts and getting a head start on trying to dismiss or water down what your injuries are. Under no circumstances should you sign any type of a release, including a release to provide your medical records, history, or communications with your doctors to the other insurance company.

What we’re going to do when we represent you is get all of your medical records. You may have had past injuries; you may have had other conditions, including degeneration, arthritis, or other potential medical complications that might make your injury worse or might even show some of the same symptoms that were caused by the injury of the negligent driver. Without qualified medical experts examining these records and giving their opinion about the true cause of your symptoms, your injuries, and your limitations, you’d be giving away your claim.

It’s a process. It requires the involvement of good doctors and experts who have a record of providing sound testimony in court and can present your full, medical picture to the jury. Do not give it over to the insurance company. We’re going to present the evidence.

The judge will decide what the jury hears. It will be fair for both sides and it will be controlled. Because we do it in a systematic way, we’re best positioned to get the best recovery for you.

I’m here today in my Clearwater office. Call me on my mobile phone. Let’s start talking. Let’s start making some good decisions early on for the best outcome down the road.