Why You Should Think Twice Before Signing the Insurer’s Medical Release Form

If you’re in the process of building a personal injury claim, you’ll probably receive a host of documents from the liable party’s insurer fairly early in the proceedings. Many of them will request your signature, and the adjuster may even inform you they won’t be able process your claim until you give it.

Since personal injury claims are inherently complex, though—and the carrier isn’t actually on your side—it’s wise to avoid signing anything until you consult a seasoned attorney. This is especially true when it comes to healthcare release authorization forms.

Read on for some of the biggest reasons to avoid signing such documents without reviewing them carefully first:

1. They Typically Contain Broad Language

Insurance adjusters need claimants to sign medical releases so they can access their healthcare records. Otherwise, they’re prohibited from obtaining such documents under the Health Insurance Portability and Accountability Act (HIPAA), which aims to protect patient privacy.

It’s important to note, however, that carriers generally only need to see the records that pertain to the care the patient received following the cause of action. They do not need to review a claimant’s entire medical history—though they may try.

Insurance adjusters often ask claimants to sign releases that grant them access to “any and all” medical records. The forms they supply may also include verbiage granting access to personnel records from employers, military service records, and criminal records.

Generally speaking, the less personal information you give the opposing party, the better. Otherwise, you open the door for disputes regarding liability or damages.

2. The Carrier Will Look for Any Reason to Challenge Your Credibility

While the adjuster may try to convince you that giving them unrestricted access to your records will streamline their investigation, it could end up jeopardizing your claim in the long run. After all, their primary goal is to protect the carrier’s bottom line, and that generally means denying or at least devaluing the cases they review.

Depending on the contents of your records, releasing them may allow the opposing party to attribute your injuries to a preexisting condition. Or, if you happen to have a history of drug or alcohol abuse, they might try to blame the accident on impairment, thereby relieving the policyholder of liability and instead placing all responsibility on you.

3. Your Entire Medical History Is Not up for Scrutiny

At the end of the day, the insurance adjuster does not need access to your entire medical history, regardless of what they might lead you to believe. Even if you have any preexisting conditions, you don’t need to release decades’ worth of documents. In such a scenario, you would only need to provide enough records to demonstrate your condition wouldn’t have worsened but for the liable party’s negligence.

Speak with a St. Cloud Personal Injury Attorney

If you intend to seek compensation for injuries you sustained in a preventable accident, turn to Bradshaw & Bryant for help. Our compassionate team will provide the personalized attention you deserve and the strategic counsel your case demands. Call 320-259-5414 or fill out the Contact Form on our website to schedule your free initial consultation with a St. Cloud personal injury lawyer.