San Jose, CA asked in Personal Injury for California

Q: Can a medical provider release the plaintiff's medical records to a lawyer?

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5 Lawyer Answers

William John Light

Answered
  • Riverside, CA
  • Licensed in California

A: Yes, with a HIPAA release or a subpoena.

Gerald Barry Dorfman agrees with this answer

1 user found this answer helpful

Theodore Allan Greene

Answered
  • Sacramento, CA
  • Licensed in California

A: If the person seeking the medical records is the person who received the medical care and has signed an "Medical Authorization" giving authority to the attorney representing them then it is totally appropriate. We do it ALL the time in personal injury cases. We have to get the medical records and also the billing records in order to submit a claim on behalf of our clients. Any other scenarios than the above example would need to be clarified to give you a complete answer. Hope that helps...

1 user found this answer helpful

Dale S. Gribow

Answered
  • Palm Desert, CA
  • Licensed in California

A: HIPPA requires a medical facility to not disclose your info without your permission.

Your lawyer would have you sign an authorization to release the medical info and records.

1 user found this answer helpful

Robert James Reynolds

Answered
  • San Diego, CA
  • Licensed in California

A: The answer is "it depends." A lawful authorization or subpoena, used in accordance with a legally sound basis, usually subjects the records to disclosure. This is a complicated question, as the release of some records has more requirements than others.

An attorney should be able to give you some guidance without too much effort.

Dale S. Gribow

Answered
  • Palm Desert, CA
  • Licensed in California

A: YES BUT ONLY WITH YOUR PERMISSION.

YOU WOULD SIGNED A RELEASE OR AUTHORIZATION FOR THE LAWYER TO OBTAIN SAME.

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