After an accident, it is common for insurance companies to reach out and request a signed medical release form. While this may seem like a standard part of the claims process, signing a medical release form too early can adversely impact your ability to receive fair compensation. Let us look at the key reasons why it is prudent to avoid medical release forms after accidents.
What is a Medical Release Form?
A medical release form is a legal document that authorizes the recipient, typically the insurance company, to access your medical records. In the context of a personal injury claim, this release allows your own insurance company or the at-fault driver’s insurance company to gather your medical information to evaluate your injury claim.
While this might seem necessary for an insurance adjuster to assess the severity of your injuries and the related costs, signing a release too soon or without limitations can lead to unintended consequences.
Reasons to Avoid Signing a Medical Release Form After an Accident
Granting Access to Irrelevant Medical History
A standard medical release form often authorizes the insurance company to access all your medical records, not just those related to the car accident. If you sign without restricting the release to specific records, the insurer can obtain unrelated medical information from years before the accident.
This could include records of pre-existing conditions, past injuries, or even unrelated medical treatments, all of which may be used to diminish the value of your claim by suggesting that your injuries were not just the ones solely caused by the accident.
Risk of Minimizing Your Claim
One of the dangers of signing a medical release after an accident is that once the insurer has access to your complete medical history, they may attempt to downplay the severity of your injuries. For example, if they find records of previous injuries or treatments, they might argue that your current condition is related to a pre-existing condition rather than a recent accident.
This tactic, known as “pre-existing condition denial,” is common in insurance negotiations and can lead to a reduced settlement or even denial of your claim. Signing a broad medical release form can provide them with more ammunition to minimize your compensation.
Compromising Your Privacy Rights
Your medical records are protected under the Health Insurance Portability and Accountability Act (HIPAA), which is designed to keep your medical information private. By signing a release form, you are effectively waiving some of these privacy protections, allowing the insurance adjusters to access sensitive health information.
This is one of the significant post-accident medical release form risks. While HIPAA does allow the sharing of relevant information with insurers, you are under no obligation to release your entire medical history. Protecting your privacy by refusing to sign a blanket release form can help you maintain control over your personal health information.
How Insurance Companies Use Medical Records Against Claimants
Insurance companies will use your medical records to scrutinize every detail, looking for anything that could justify lowering your compensation. Here’s how they might use your records to their advantage:
- Highlighting Pre-Existing Conditions: If they find prior injuries similar to those you’re claiming, they may argue that the accident merely aggravated a pre-existing condition, not caused a new injury.
- Questioning Treatment Decisions: Insurers may scrutinize the frequency and type of treatments you’ve received post-accident, questioning whether specific treatments were necessary or if there were gaps in treatment that might indicate less severe injuries.
- Casting Doubt on Injury Severity: By comparing your current and past medical records, insurers may attempt to argue that your injuries are not as severe as claimed.
Each of these tactics can ultimately reduce the payout on your claim, impacting your ability to receive adequate compensation for medical bills, lost wages, and other damages.
When Should You Consider Signing a Medical Release Form?
While it is generally advised not to sign a medical release form without careful consideration, there are situations where doing so may be necessary, but only under certain conditions:
- After Getting Representation from an Attorney: Personal injury lawyers can assess the specific information being requested and may suggest modifications to the release form. Limiting the form’s scope to records relevant to the accident and setting a time frame (for instance, restricting records to a specific injury and timeframe) can protect your privacy while ensuring that the insurance company’s access to information is controlled.
- When the Scope is Limited: Requesting a limited release form that only covers treatment directly related to the accident can prevent insurers from accessing unrelated medical history. By specifying the date and type of records released, you can maintain better control over your medical information.
- If it is necessary for Settlement Negotiations: In some cases, providing limited medical records from healthcare providers may be beneficial if they demonstrate the extent of your injuries and help move negotiations forward. However, this should always be done with legal guidance to prevent sharing unnecessary information.
Steps to Take Instead of Signing a Medical Release Form
If you are asked to sign a medical release form, consider taking the following steps to protect yourself:
- Consult a Personal Injury Attorney: An experienced attorney can handle the claims process on your behalf, communicate with the insurance company, and determine which medical authorization records are relevant. Attorneys are skilled in negotiating with insurers and can work to ensure that only necessary information is disclosed.
- Gather Relevant Medical Documentation: Instead of signing a blanket release, you can compile only the medical records directly related to the accident. Submitting specific documentation rather than giving full access can prevent the at-fault driver’s insurance company from accessing unrelated health history.
- Negotiate with the Insurer: If an insurer insists on access to your medical records, you or your attorney can negotiate the terms. A limited release form specifying what information can be accessed and for what purpose can help prevent misuse of your personal medical information.
- Document All Interactions with the Insurer: Keep records of every communication with the insurance company, including emails, letters, and phone conversations. This documentation can be helpful if disputes arise over the handling of your claim.
Potential Consequences of Signing a Medical Release Without Legal Representation
Signing a medical release form without understanding its implications can lead to several issues:
- Reduced Settlement Offers: With access to extensive medical history, insurers may offer lower settlements based on pre-existing conditions or unrelated medical records, which they argue diminish the accident’s impact on your health.
- Increased Claim Denials: Insurers may use unrelated medical information to question the validity of your claim. In severe cases, they might even deny coverage, alleging that your injuries aren’t related to the accident.
- Potential Privacy Breach: Without restrictions on the release, you’re handing over sensitive information that could be circulated or mishandled within the insurer’s network, increasing the risk of a privacy breach.
Protecting Your Rights After an Accident
Protecting your rights after an accident includes managing the release of medical information carefully. Avoiding premature and broad disclosures allows you to retain control over your claim and increases your chances of securing fair compensation. Always consider consulting a personal injury attorney who can guide you through the legal process, ensure only pertinent records are disclosed, and negotiate on your behalf to prevent the insurer from using unrelated health information to reduce or deny your claim.
Contact us today at CarAccidentAttorney.com, a law firm directory. We can connect you with a Miami car accident attorney or a personal injury lawyer anywhere in Florida to make the process stress-free.