Should I Sign Medical Authorization Forms For Insurance

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The short answer is: proceed with extreme caution. Insurance companies routinely request these authorizations early in the claim process, ostensibly to verify the nature and extent of your injuries. However, the scope of these forms is often overly broad, giving them access to information far beyond what’s relevant to your accident. They’re not looking out for your best interests; they’re evaluating risk and searching for ways to minimize their payout.

As a personal injury attorney with over 13 years of experience practicing in San Diego, I’ve seen firsthand how insurance adjusters leverage these forms to unfairly reduce settlements. I was trained by former insurance defense attorneys, and I understand their tactics intimately. They’re adept at cherry-picking pre-existing conditions or unrelated medical issues to cast doubt on the legitimacy of your claim, even if those conditions had no bearing on the accident.

What information should I actually authorize the insurance company to access?

You are not obligated to sign anything you’re not comfortable with. If presented with a broad medical release, insist on narrowing its scope. Specifically, limit the authorization to records pertaining solely to the injuries sustained in the accident and the treatment received for those injuries. Include a specific date range, starting from the date of the accident and ending when your treatment concludes. Demand that the release specify the medical providers whose records they’re seeking.

Specifically, you want to authorize release of records from: the hospital emergency room, the doctors who treated you for injuries related to the crash, physical therapists, chiropractors, and any specialists involved in your care. Do not include records from your primary care physician unless they specifically treated you for injuries caused by the accident. Furthermore, you can request a copy of the executed authorization form for your records.

Be wary of authorizations that request access to your entire medical history, mental health records, or employment history. These requests are often fishing expeditions and provide the insurer with ammunition to devalue your claim. Remember, they are skilled at interpreting medical records in their favor, even if the information is ambiguous.

What if the insurance company refuses to proceed without a broad authorization?

This is a common tactic. They may claim they cannot adequately evaluate your claim without a complete medical history. Do not be intimidated. You can politely but firmly reiterate your position and refuse to sign an overly broad release. You are entitled to a fair assessment based on the injuries you sustained in the accident, and a broad authorization is not a prerequisite for that assessment.

In many cases, simply asserting your rights and narrowing the scope of the authorization is enough to resolve the issue. However, if the insurer remains insistent, consult with a personal injury attorney. We can negotiate on your behalf, ensuring your privacy is protected and your claim is evaluated fairly. A San Diego attorney experienced in dealing with these insurers knows what to look for and can protect your rights.

Can I revoke an authorization form after I’ve signed it?

Yes, you generally have the right to revoke a medical authorization form at any time, in writing. However, it’s important to understand that information already obtained by the insurance company before the revocation is likely still usable. This is why it’s crucial to be cautious from the outset and carefully review the scope of any authorization before signing it. If you’ve already signed a broad release and are concerned about the information the insurer may have obtained, consult with an attorney immediately.

What should I do if I’ve already signed a broad medical authorization form?

Don’t panic, but take action immediately. Contact a personal injury attorney to review the form and assess the potential risks. We can advise you on the best course of action, which may include sending a revocation letter to the insurance company and requesting a copy of all medical records they’ve obtained. It’s also important to gather documentation supporting your claim and proactively address any pre-existing conditions that may be highlighted by the insurer.

What are the potential consequences of signing a broad authorization form?

The most common consequence is a reduced settlement offer. Insurance companies often use pre-existing conditions, unrelated medical issues, or even minor prior injuries to justify a lower payout. They may argue that your current injuries are not solely attributable to the accident or that your pain and suffering are exaggerated due to pre-existing conditions. This can significantly impact the value of your claim and leave you undercompensated for your injuries and losses.

• Risk of Discovery of Unrelated Issues: An overly broad authorization exposes issues that are irrelevant to your current claim.
• Reduced Settlement Value: Insurance companies use pre-existing conditions to devalue your claim.
• Prolonged Negotiation: Disputing the relevance of unrelated medical information can delay the settlement process.