Can Doctors or Lawyers Refuse to Provide Medical Files Before or After a Workers' Comp Settlement?

Handling a workers' compensation claim can be a complex and often frustrating process. One common concern is the access to medical files and the involvement of doctors or lawyers. This article aims to clarify whether doctors or lawyers can refuse to provide these files, particularly before or after a settlement.

Legal Rights to Your Medical Records

Firstly, it is important to note that your medical records are generally your property, provided that they are not sealed by investigators or for administrative purposes. In Virginia, for instance, your file belongs to you, and a lawyer is legally required to provide it whenever you request it, though you may be required to cover copy charges.

Access to Your Medical Files

When you need to access your medical files, a simple request with a signed authorization from your treating doctor should suffice. You should be charged only for copy fees. Mental health records, however, can sometimes be kept confidential. Should you find errors in your medical records, you can request them to be corrected or an erratum be included, but deletions are not typically allowed.

Differing Requirements for Legal Files

Legal files, on the other hand, can vary significantly by state. Once legal fees are paid, a lawyer should release the work product to you. If you face any issues, you can contact your state bar license authority for guidance on how to proceed. It is important to note that lawyers may retain certain parts of a file due to record retention rules they must follow, but you should still receive the file in full.

No ‘Juicy’ Information in Workers' Comp Files

Those handling work comp cases for over four decades can attest to the mundane nature of the documents involved. The majority of the records pertain to form letters requesting medical records, transmittal letters for lost-time authorizations, medical evaluations, and correspondence between insurance companies and claimants. Essentially, the files contain largely repetitive and administrative documents, making the content less than exciting.

Conclusion

In conclusion, while there may be some cases where access to medical files is restricted for legitimate reasons, such as ongoing investigations or privacy concerns, your rights to your own medical records are generally protected. If you face issues in obtaining your files, whether from a doctor or a lawyer, understanding the legal rights and seeking assistance from the appropriate authorities can help resolve these issues.