Medical Records Help

[lawtw]

What is the name of your state? New York

My lawyer frequently requests me to sign the release of medical records from a car accident my family was involved in. The thing is, he wants me to release them to the other lawyers (to the defense lawyers)!

Is this normal to give our medical records to the "enemy" lawyers? What's the purpose in giving them ammunition to build their case?

Thanks in advance...

 

[msiron]

It's part of discovery.

 

[lawtw]

what do you mean by that?

 

[ecmst12]

How can the other driver's insurance carrier pay your claim if you don't give them the proof of your injury?

 

[lawtw]

sorry. Let me describe things better:

This issue/case actually relates to my father's death. He died in a car accident and even though his past medical history had NOTHING to do with his death, the "other side" is requesting his medical records. So it's not really a personal injury case....it's more of a death case.

Is there any reason for them to ask for past medical records of a person who clearly died because of a car accident? It seems unrelated...

 

[stephenk]

It goes to the "value" of your father's life. If dad was terminally ill with cancer you would agree his life expectancy would be much less than if he was healthy. The $$ you are looking for relates to how long dad was expected to live if the accident never happened. So the records are relevant as to your dad's health at the time of the accident.

If you don't sign the release the carrier will not offer money and you will be forced to file a lawsuit. Once the lawsuit is filed the other side will just subpoena all of dad's records whether or not you agree.

 

[lawtw]

That makes sense.

Thanks so much for your reply. I think I'm clearer on the situation now...