Slip & Fall Defendant Asking for Detailed Medical Records
10 attorney answers
It seems like they want to dig through your medical records to see if you had a previous injury i.e. they may not deny liability, but reduce the settlement to the lowest number possible. Consult with a local attorney. You will likely have to give them the medical records. Good luck.
The response to this question is not intended as legal advice and does not create an attorney/client relationship. Mr. Seifeldein has responded based on the limited information provided by the inquirer in this forum. There is a Statute of Limitations applicable in every case and Mr. seifeldein strongly advises that the inquirer seek legal counsel immediately for a complete evaluation of the matter.
This is typical. They are looking for anything that they can find to use against you. Consult with a local atty asap, before giving them the authorization. The auth is probably overbroad, and may allow for disclosures beyond what they would be entitiled to even in litigation.
If they are accepting liability, then youmay consider providing a relase for your medical records. However, you should not give them an open ended carte blanche release but consult with a lawyer who can explain the limitations you should include on any authorizations.
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In addition to the fine answers provided by my colleagues, you should also be weary of signing any medical authorization without fully appreciating the scope of the authorization you are signing. Specifically, the authorization may extend to medical treatment and conditions that go above-and-beyond the injury you sustained in this fall down. I recommend that you consult an attorney before signing any document, no matter how innocent it appears or despite the 'settlement' assurances given by a bureaucrat in the risk management department. Please feel free to contact me with additional questions.
You should hire an attorney
Contact me for further detailed questions and answers. 215-561-0877 DISCLAIMER: Matthew Solomon is licensed to practice law in both the State of Pennsylvania and the State of New Jersey.This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. This answer does not constitute the establishment of an attorney-client relationship.
You must provide records or have them get them to settle case. Bills are normally not enough.
The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Alabama. Responses are based solely on Alabama law unless stated otherwise.
You would want to be cautious about what you allowed them to access, if anything. It is rare for a hotel or casino to pay on a claim like this without the assistance of an attorney. They don't need medical records to make a decision on whether or not they are liable for the incident itself. You might consider requesting that they make a decision on liability before you cooperate with record requests. I would still suggest that this claim is probably not going anywhere without getting an attorney involved. Feel free to give me a call if you would like to discuss your case in depth. 823-3333. Good luck.
It is not uncommon for the risk management department to ask for a medical authorization. What they will do with the information can vary greatly and it certainly doesn't mean that they will be offering a settlement. Hotels and casinos are notoriously difficult to deal with and like to keep their money. If you have any questions, feel free to call.
If you would like a free consultation, call me at 702-823-3333. www.naimidilbeck.com
You know what they are really up to. Accept the facts, deny their request and consult with an attorney
Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff www.nyelderinjurylaw.com
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