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Morton Law Offices, Chartered

Q
How should I handle a request to sign a medical release in my premises liability claim?

A

When you file a claim in a premises liability case, you may be surprised to discover how a simple request can be more complicated than you think. One example of this is when the negligent business or property owner’s insurance company asks you to sign a medical authorization release so it can obtain your medical records.

Here’s why you don't want to agree to this request.

Why Signingpen to paper a Medical Authorization Release Is a Bad Idea

If you want your claim for compensation to be paid, you have to provide the insurance adjuster with medical records relating to your injuries. However, there's a right and wrong way to do this.

Reasons why signing a medical authorization is a bad choice include:

  • Providing too much information. When you sign an insurance company’s medical authorization, you're potentially giving it access to all of your medical records. The adjuster has a duty to the insurance company to raise legitimate claims. By giving him access to your medical records, you may be providing ammunition to argue that a prior injury—and not your fall—is causing your current health condition.
  • Disclosing private information. If you're like most people, your medical records contain private, sensitive information about your health. You don't have to disclose these details unless they pertain to your accident, and you don't have to disclose them to the insurance company.

What Is the Right Way to Handle a Medical Authorization Release?

First, it's never a good idea to sign any legal document without having an attorney review it. You could unintentionally waive your important legal rights—such as your right to file a lawsuit for compensation for your injuries. If an insurance adjuster asks you to sign a medical authorization release for your premises liability case, politely refer him to your attorney.

If you haven't retained a lawyer yet, do so right away. He can handle all your communications with the insurance company and provide them with the medical records they need to settle your claim.

Were you or a loved one injured in a premises liability accident? Call our office today to schedule your free case evaluation to discuss your situation and get your questions answered.