I am trying to find representation for a medical malpractice suit.  I
have a lawyer that has provided me with a form called "request for
release of medical records".  The form has the typical clauses in it
such as treatemnet dates, date of injury etc.. Then there is a clause
that says: "All those acting in reliance upon this authorization are
released from any liability under the law for their actions in
providing the information requested by my attorneys.".  I am not sure
who to trust at this point.  I want to know whether this clause is a
standard one in these types of request documents.  Can someone explain
this clause to me and tell me why it would be in the request document?
 If this means that the doctor providing the release is free from
liability, then, what is up?  Is my lawyer helping me or the doctors?
They also have a clause in the document that gives the lawyers'
address to send the documents to.  This also seems strange to me in
that it puts the doctors on notice that they are partaking in a
potential legal proceeding against themselves.  Can't I just request
that the documents be sent to me?  And then I can give them to my
lawyer?  Thanks

Hello brdietrich-ga, and thank you for your question.

From my own experience in legal wranglings, it is always a wise move
to carefully check the language of what you are being asked to agree
to -- even when the agreements are with those who are on your side. 
In my opinion, you are doing the right thing ask questions about the
language of the medical records release form.  I would suggest that
you do not sign it until you are comfortable that you have a full
understanding of what it does -- and does not -- do, and until you are
convinced that it is a necessary part of the process.

I will answer your question below.  But before I do, I just want to
clarify that I am not a lawyer.  I'm a good researcher, and I am
confident about the information I am providing here.  But I strongly
urge you to base any legal decisions you are making on the advice of
legal professionals.

You've actually asked a number of questions:

--I want to know whether this clause is a standard one in these types
of request documents.

This clause, or something very like it, is fairly standard
"boilerplate" language for a medical release form.  You can see
examples of similar language at numerous sites on the web, including
these that I found from a Google search on "reliance upon this
authorization":

MODEL AUTHORIZATION
... effective to the extent that the persons I have authorized to use
and/or disclose my protected health information have acted in reliance
upon this authorization ...
www.physicianspractice.com/tools/auth.doc 

AUTHORIZATION FOR USE OR DISCLOSURE OF HEALTH INFORMATION
... revocation will be effective upon receipt, but will not be
effective to the extent that the Requestor or others have acted in
reliance upon this Authorization. ...
www.nsrhn.org/ Auth_for_Use_of_Disc_of_Health_Information.doc 

AUTHORIZATION AND RELEASE OF INFORMATION
... You may withdraw this consent at any time by written notification
to the Court, provided action has not been taken in reliance upon this
authorization. ...
www.richlandonline.com/departments/ probate/forms/CommitRelease.pdf

AUTHORIZATION FOR RELEASE OF MEDICAL INFORMATION CASE NO. STATE ... 
... 5. I understand that I may revoke this authorization, except to
the extent action has already been taken in reliance upon this
authorization, at any time by ...
www.courts.michigan.gov/scao/courtforms/ generalcivil/mc315.pdf -
Similar pages

New Student Application
... medical or surgical services from any liability which may
otherwise incur as a result of providing such services in reliance
upon this Authorization and Consent ...
www.fcsweb.net/admissions/0203newapp.pdf 


Authorization to Transfer Medical Records
... I agree that any release which has been made prior to revocation
and which was made in reliance upon this authorization shall not
constitute a breach of my ...
www.healthhistory.com/.../pdf/MEDICAL%20RECORDS%20REQUESTS/
Transfer%20Medical%20Records%20Form.pdf.pdf


Summer Trip 2002
... I do hereby indemnify and hold harmless the physicians, hospital
and other persons who act in reliance upon this authorization. ... 
www20.brinkster.com/myouth/summermedical.htm 

Index #: Page f Effective Date: Distribution: Approved by: ... 
... I also understand that any release which has been made prior to my
revocation and which was made in reliance upon this authorization
shall not constitute a ...
www.state.tn.us/correction/pdf/113-52.pdf

---

Note that there are many variations on a general theme of limiting
liability for those who release medical records.  Many of the clauses
include language descibing the ability to revoke any permissions or
protection from liability granted by signing the form -- that is, the
signer reserves the right to "un-sign" the form, if you will.  You may
decide that some variation of this language is more suited to your
concerns than the original language included in the document your
lawyer gave you.

------

--Explain this clause to me and tell me why it would be in the request
document?

The sole intent of the clause is to allow those who have your medical
records to release them to a third party (in this case, your lawyer)
without fear that they are violating your rights to privacy. 
Ordinarily, medical personnel cannot release your medical records to
anyone other than yourself.  This clause says, in effect, that you are
granting them permission to release the records, and will not hold
them liable for doing so.

Without this clause, or something similar to it, the medical office
would probably not release your documents to anyone other than you
under ordinary circumstances (there are limited exceptions to this
when records can be released without your consent, such as in a
medical emergency).

-----


--If this means that the doctor providing the release is free from
liability, then, what is up?  

The doctor would be freed from liability ONLY for the action of
releasing your records.  The language specifically says the doctor's
liability is limited for "their actions in providing the information
requested by my attorneys".  This clause is not intended to limit the
doctor's liability in any other area, such as the quality of medical
practice (or malpractice, as the case may be).

-----

--Is my lawyer helping me or the doctors?

If you have hired (or are planning to hire) a lawyer, then that person
works for you and should represent your best interests.  Period.

If anything else is going on -- for example, if the lawyer has a
simultaneous agreement with the doctor you are taking action against
-- then you would have the basis of a malpractice suit not only
against a medical professional, but against a legal professional as
well.

If your only cause for concern at this point is the language in the
clause you have asked about, then there's probably no reason to be
overly concerned.  As I said above, this is fairly standard procedure.
 But if you have other reasons to be concerned about the quality of
legal help you are getting, you should definitely consider getting a
second opinion from another lawyer.

One last point here.  If the lawyer involved has been assigned by
someone else -- say an insurance company -- then that lawyer
represents the interests of the company, not you.  You may want to
consider engaging your own representation.

-----

Can't I just request that the documents be sent to me?  And then I can
give them to my lawyer?

Absolutely.  You have a right to your medical records.  If you want to
do the work of requesting them, then this should be no problem for you
or for your lawyer.

However, if there is likely to be a complex history of records at
several different locations that need to be compiled in a single
place, it may be better to leave this task to an experienced
professional in your lawyer's office.

Also, if your doctor is being sued, eventually he or she will find out
about it, and will be given ample time to prepare a defense.  Giving
them a "heads up" by requesting the records go directly to a law firm
may not make much of a difference in the long run.

Ask you lawyer (or lawyer-to-be) for advice about this situation.

-----

In general, many lawyers make use of standard language in forms and
releases in order to simplify their tasks (and save you some money in
the process).

However, it is certainly your perogative to:  (1) ask your lawyer for
a "plain English" explanation of any language being used on any
document (2) review and ask for changes in any of the language being
used (3) omit the use of a form altogether, if you would rather not
have it be part of the process.


In my opinion, as a non-lawyer, there is no obvious reason for concern
about the release clause that you have asked about.  But it pays to be
careful, and you have done the right thing by checking into any
language that leaves you with an uncomfortable feeling.

-----

You also have the perogative, as a Google Answers client, to ask me to
clarify anything I have written here that is not perfectly clear, and
where you would like an additional explanation.  Please don't hesitate
to ask for a Request for Clarification if you would like additional
information.

And best of luck to you.

---

Request for Answer Clarification by brdietrich-ga on 28 Feb 2003 14:01 PST

I would rather request the information myself.  I think that my
physicians would be more willing to submit potentially damaging
information to me with the understanding that it could for example be
remitted to another doctor--and not used necessarily for legal
reasons.  It makes more sense to me to not place my potential
adversary on guard. If the request has some lawyer's finger prints all
over it, and I am a doctor who wants to cover my ass, I might be
tempted to leave certain facts out.  Does this not make sense?  So
there is no harm in me requesting the facts?  And then handing off the
information to my lawyer--correct?  And I am entitled to ask these
questions to my lawyer and get answers that makes sense--correct? 
I.e., if I do not get a response on these questions from my lawyer, it
would make sense to shop for other counsel--correct?  In other words,
it is well within my rights to ask these questions and to work with
the lawyer on revising the writing in these documents--correct?

---

Request for Answer Clarification by brdietrich-ga on 28 Feb 2003 14:16 PST

Not sure how this googly board works.  But I posted a request for
clarification yet the board "closed" my issue.  Does this mean I do
not get a clarification?

---

Clarification of Answer by pafalafa-ga on 28 Feb 2003 17:01 PST

Don't worry.  You still get your clarification (for future reference
though, most folks wait until after they finish the clarification
process before rating an answer; I'm glad you found the answer
satisfactory, though).

If you want to request your medical records yourself, that should be
your right, and I understand your rationale for wanting to do so. 
There is no reason I can see for not requesting the records yourself. 
But I would suggest talking this over with your lawyer before doing
so, just to get a professional legal opinion.

And since your lawyer works for you, you should certainly expect that
he or she would be responsive to your desires and concerns, and would
explain clearly the steps they are proposing to take on your behalf. 
If you want to direct them differently (i.e. to change the language of
medical records form, or to retrieve records yourself, rather than
have them do it) that shouldn't be a problem.

And finally, yes, if your lawyer doesn't respond to your requests,
then it's time to find a new lawyer.  Of course, you lawyer may have
concerns with the steps you are taking, and if so, should make you
well aware of those concerns.  But ultimately, the decision is yours
as to how to proceed.

Good luck with your situation.  Hope we'll see you back at Google
Answers one of these days.

---

Request for Answer Clarification by brdietrich-ga on 01 Mar 2003 16:00 PST

Thanks for the clarification.  One more quickie.  How does the billing
work here?  If I don't rate it, I don't pay it correct?

---

Clarification of Answer by pafalafa-ga on 01 Mar 2003 16:11 PST

--"One more quickie.  How does the billing work here?  If I don't rate
it, I don't pay it correct?"

Rating and payment are separate events.  Once is a question is
answered by a researcher, payment it automatic -- a charge is billed
to your credit card.  For future reference, you can also add a tip to
an answer if you are especially pleased with the results.


The rating is an opportunity to express your level of satisfaction
with an answer, and is an important means of feedback for the
researchers...thank you for taking the time to post a rating here.