Is this appropiate?

[cdkelley]

What is the name of your state (only U.S. law)? California

My spouse had hernia surgery a few years back & the mesh they used to repair his hernia was defective,so he had the surgery again almost 2 years after the first surgery.
I recently recieved a email inquiring if I knew anyone who'd had hernia surgery using mesh screen.
I'm sure it was spam,but that's not the point. Anyway,since my spouse had had the 2 hernia surgeries,we replied & were contacted by this attorney's office.
Thay sent autorization release papers & a outline of their contract,etc.
Well I was just going to fill out the paperwork & noticed on the medical release forms it says on a post-it note attached to the releases,for my husband to sign his signature,but to not date anything...Is this the norm??
I wouldn't think it would be legal if he didn't actually date them himself?
I'm not that law literate,but this just seems a bit strange.
thanks for any advice,
Cathy

[JakeTB16]

Don't sign the papers.

Mesh screens have a decent success rate, but they're not perfect. You signed papers acknowledging that when the original surgery took place. Your husband released his rights to medicinal decisions when you/he signed those papers, and placed them in the hands of your surgeon. The only way to win a case like this would be to argue the incompetence of the surgeon. If you believe you can win a case like this, contact a real (not email solicited) attorney. Otherwise, both of you are healthy and happy now, and there's nothing to worry about.

Signing those forms will release all of your husbands medical information to that law firm. Is that really what you want to do? Also, read for any fine print. You don't know of any surcharges these guys might bill you for just filling out the forms and filing.

All in all, make your own decisions, but I feel it's not worth it.

[pmorrison2588]

Don't make your husband sign the parers. It is strange and seems fraud to me. when ever you sign a paper you need to write the date, and if they say not to write date, there is a suspected fraudulent activity.

[Proserpina]

Originally Posted by pmorrison2588

Don't make your husband sign the parers. It is strange and seems fraud to me. when ever you sign a paper you need to write the date, and if they say not to write date, there is a suspected fraudulent activity.

A contract does not necessarily need a dated signature to become enforceable; there are more than a few instances where "Effective Date" is more than adequate (and actually more appropriate) than the actual signature date - and this is done without there being any underhand, surreptitious or nefarious intent.

[JessiesGirl]

Hi,

I was involved in a medmal lawsuit back in 2006 (settled, no trial, thank God). Those lawyers had me sign stuff but told me explicitly not to date them, and the documents I'd sign but not date were medical authorization release forms. Now, I have new lawyers (to fight Social Security for Disability payments) and they use the same practice. I don't think it's a good idea to sign these papers anyway since it appears your hubby was not actually damaged, and these ambulance chasers (who contacted YOU, which should be a red flag) really may just be out to collect from you with their fees and costs for a suit that is potentially without merit. That won't stop these lawyers from trying to scam you, but the least of the problem is the date issue.

I hope your hubby continues in good health.

Kathy

[Proserpina]

Originally Posted by pmorrison2588

Don't make your husband sign the parers. It is strange and seems fraud to me. when ever you sign a paper you need to write the date, and if they say not to write date, there is a suspected fraudulent activity.

Not even vaguely accurate.

[Proserpina]

Originally Posted by JessiesGirl

Hi,

I was involved in a medmal lawsuit back in 2006 (settled, no trial, thank God). Those lawyers had me sign stuff but told me explicitly not to date them, and the documents I'd sign but not date were medical authorization release forms. Now, I have new lawyers (to fight Social Security for Disability payments) and they use the same practice. I don't think it's a good idea to sign these papers anyway since it appears your hubby was not actually damaged, and these ambulance chasers (who contacted YOU, which should be a red flag) really may just be out to collect from you with their fees and costs for a suit that is potentially without merit. That won't stop these lawyers from trying to scam you, but the least of the problem is the date issue.

I hope your hubby continues in good health.

Kathy

Realistically a law firm will rarely take a case if they don't believe it's winnable and before they can decide that they need the medical records. Frankly I don't see the harm - they can't release the information to anyone else or use it for nefarious intent, and there just might be a possible suit. If there's no viable suit nobody loses anything.

Additionally med-mal cases are taken on contingency - if the suit is unsuccessful the attorneys won't get one red cent - the plaintiff pays nothing at all. Thus, they're not going to waste time and money litigating a no-hope case.

[lya]

Originally Posted by cdkelley

What is the name of your state (only U.S. law)? California

My spouse had hernia surgery a few years back & the mesh they used to repair his hernia was defective,so he had the surgery again almost 2 years after the first surgery.
I recently recieved a email inquiring if I knew anyone who'd had hernia surgery using mesh screen.
I'm sure it was spam,but that's not the point. Anyway,since my spouse had had the 2 hernia surgeries,we replied & were contacted by this attorney's office.
Thay sent autorization release papers & a outline of their contract,etc.
Well I was just going to fill out the paperwork & noticed on the medical release forms it says on a post-it note attached to the releases,for my husband to sign his signature,but to not date anything...Is this the norm??
I wouldn't think it would be legal if he didn't actually date them himself?
I'm not that law literate,but this just seems a bit strange.
thanks for any advice,
Cathy

The only reason not to sign without a date is if your husband thinks he will change his mind and withdraw his authorization for medical records.

The attorney will request the records as needed and date the forms accordingly; otherwise, a lot of time and expense is going to be wasted getting each release signed on the date needed.

I believe it is that the document must be dated, not the signature. If I'm wrong, someone will let me know; of that, I am sure.