The issue of medical authorization for personal injury often raises questions. Can an insurer just request medical information? What exactly are you signing? And what is the difference between a specific medical authorization and a medical power of attorney? According to The Personal Injury Council, a healthcare provider may only provide medical information with written permission. Which permission is appropriate depends on your file and the way your personal injury case is handled.
A form does not just have to be a formality. With a specific medical authorization, you give permission for described information from a named healthcare provider or institution. A medical power of attorney can, when you have a representative, be used to have your medical advisor or representative request necessary medical information on your behalf. Both forms of permission can be revoked according to The Personal Injury Council.
In this article, you will read how a medical authorization works in personal injury, what practical questions you can ask and why proportionality, transparency and a careful file are important. This is general information. Whether a form is appropriate in your situation depends on the content of the form, your personal injury case and the information needed for the assessment.
Short answer: always read scope, purpose and recipient
A medical authorization for personal injury is not the same as unlimited access to your complete medical history. A specific medical authorization states what information may be requested from which healthcare provider or institution. The Personal Injury Council emphasizes that the permission then only applies to that described information and named recipient.
A medical power of attorney has a different function. If you have a representative, you can use it to authorize your medical advisor or representative to request necessary medical information on your behalf from doctors, healthcare providers and institutions. With this form too, it is wise to understand who is requesting the information, for what purpose and how you stay involved.
| Question | Why this question helps |
|---|---|
| What information is being requested? | You understand the scope of the form |
| From which healthcare provider or institution? | You see which source is being approached |
| Who is allowed to view the data? | You know which professional is involved in the medical process |
| For what purpose is the information needed? | You can place the question in your personal injury case |
| Can I keep a copy of the form? | You can look back later at exactly what you have permitted |
Why medical information can play a role in a personal injury case
In personal injury, medical information may be needed to carefully assess the consequences of an accident and the damage. The Medical Paragraph of the Code of Conduct for the Treatment of Personal Injury deals with the medical process in determining damage as a result of an accident.
This does not mean that every medical question is necessary in the same way in every file. The Personal Injury Council mentions proportionality as a core principle: no more investigation is done and no more information is provided than is strictly necessary. In addition, the steps in the process must be transparent and verifiable.
For you, this is a practical starting point. When you receive a form, you should be able to understand why the information is relevant to your file. A request for clarification is not an accusation. It is a way to carefully monitor what happens to your medical data.
For a broader overview of a personal injury process, you can also read: Claiming personal injury compensation in 10 steps.
What is a specific medical authorization?
A specific medical authorization is a written permission to request described medical information. According to The Personal Injury Council, this permission only applies to the information stated in the authorization and to the named doctor, healthcare provider or institution.
This form of permission can help, for example, when it is clear from which healthcare provider information is needed and which question needs to be investigated in the personal injury case. The specific nature makes it more visible to the person concerned what information is requested and from whom it comes.
| Part of a specific authorization | What you can pay attention to |
|---|---|
| Healthcare provider or institution | Is it clear who is being approached? |
| Described information | Do you understand what information is requested? |
| Purpose of the request | Is the relationship with your personal injury case explained? |
| Persons who get access | Is it stated who may assess the data? |
| Date and signature | Keep a copy of the version you receive or send |
The Personal Injury Council states that you indicate on the form who may view your medical data and what information may be requested. A specific medical authorization can moreover be revoked at any time. What revocation means in a concrete file can depend on the phase of the case and the information already provided. When in doubt, discuss this with your representative.
What is a medical power of attorney?
A medical power of attorney can be relevant when you have a representative. With this, you authorize your medical advisor or representative to request necessary medical information on your behalf from doctors, healthcare providers and institutions.
The medical power of attorney is therefore not simply “more” or “less” than a specific authorization. The difference lies mainly in the way medical information is requested on your behalf and in the role of your representative or medical advisor. Which form is practically appropriate depends on the file, the necessary information and the way your representative organizes the medical process.
A medical power of attorney can also be revoked at any time according to The Personal Injury Council. You are wise to discuss before signing how you will be kept informed of requests for medical information and how you will receive copies of relevant correspondence.
Specific authorization and medical power of attorney side by side
| Subject | Specific medical authorization | Medical power of attorney |
|---|---|---|
| Core | Permission for described information from a named healthcare provider or institution | Authorization to medical advisor or representative to request necessary information on your behalf |
| Most visible feature | The scope is concretely described on the form | The role of the representative or medical advisor is central |
| Revoking | Possible according to The Personal Injury Council | Possible according to The Personal Injury Council |
| Practical attention | Check information, recipient and purpose | Discuss how requests, access and feedback are organized |
This comparison is intended to make forms easier to read. It does not determine which option must be chosen in your case. Let the content of the concrete form and the necessity for your file be leading.
Who is allowed to see your medical data?
The Personal Injury Council describes that medical data must be handled carefully. The Medical Paragraph mentions, among other things, transparency: it must be insightful and verifiable who does what, what information is collected and why.
In practice, you can therefore ask who processes or assesses the data. Consider, for example, a medical advisor, a healthcare provider or another professional involved in the medical process. Also ask how you will be informed when medical information is requested or when a medical advice plays a role.
A representative can help to monitor the proper course of affairs and explain what is necessary and customary, according to The Personal Injury Council. That does not mean that you no longer need to ask questions. A good file is created precisely through clear communication and by carefully keeping relevant documents.
Your rights regarding medical information
When dealing with medical data, The Personal Injury Council mentions, among other things, the right of access, the right of correction for factual inaccuracies and the right to block a medical report. These concepts can be relevant in a personal injury case, but the practical application depends on the type of document, the phase of the investigation and the concrete circumstances.
You do not have to use such rights directly as a legal position. Start with an overview. Ask for a copy of the form you sign, keep letters and e-mails and note when what information was shared. If you then see a factual inaccuracy, you can name it concretely and ask for a correction.
A careful medical authorization for personal injury begins with understanding what is requested, why this is necessary for the file and who receives the information.
Step-by-step plan when you receive a form
| Step | What you do | What you pay attention to |
|---|---|---|
| 1 | Read the form completely | Check the description of information, healthcare provider and purpose |
| 2 | Keep a copy | Make sure you can look back later at what you signed |
| 3 | Ask for an explanation if unclear | Formulate your question concretely: what information, for whom and why? |
| 4 | Discuss the scope with your representative | Ask how the request fits into the medical process |
| 5 | Keep a file | Keep correspondence, forms and relevant feedback |
| 6 | Check factual data | Only name specific inaccuracies that you can substantiate |
These steps are not a substitute for personal advice. They mainly help to keep the facts and documents clear before you make a decision or ask a question.
When is it wise to ask for help?
Ask for an explanation when a form is not clear, when you do not understand why certain medical information is needed or when you are in doubt about who receives the information. A representative can, according to The Personal Injury Council, explain what is necessary and customary and why that is so.
Legal help can also be useful when the consequences of a personal injury case are significant or when the medical assessment and the damage settlement become complicated. A lawyer can help to assess the documents, correspondence and legal questions in context. That is not a promise about the outcome of a damage case; every situation requires an assessment of the facts and the file.
Would you like to discuss your personal injury case? Contact Arslan Advocaten. You can read more about our services at Personal injury.
Frequently asked questions about medical authorization for personal injury
Do I always have to sign a medical authorization for personal injury?
That depends on the information needed for your personal injury case and the way the medical process is set up. A healthcare provider may only provide medical information with your written permission. When in doubt, discuss the content and necessity of the form with your representative.
Can I revoke a medical authorization?
The Personal Injury Council states that a specific medical authorization can be revoked at any time. The Council also states this for a medical power of attorney. The practical consequences for an ongoing file may depend on the circumstances; ask for an explanation about this if necessary.
What is the difference between a medical authorization and a medical power of attorney?
A specific medical authorization relates to described information from a named healthcare provider or institution. With a medical power of attorney, a medical advisor or representative can request necessary medical information on your behalf. Which form is appropriate in your file depends on the situation.
Am I allowed to see what medical information has been collected?
The Personal Injury Council mentions the right of access to medical information collected about you. Ask in your file for an explanation of the available information, the intended access and the way you can receive documents.
Can I have an error in medical data corrected?
The Personal Injury Council mentions the right of correction for factual inaccuracies. State as precisely as possible which fact you think is incorrect and why, and keep your request and the response to it.
Summary
A medical authorization for personal injury gives written permission to provide or request medical information in the context of your file. A specific authorization is limited to the described information and the named healthcare provider or institution. A medical power of attorney can be used to have a medical advisor or representative request necessary information on your behalf. In both cases, it helps to carefully check the scope, purpose, recipient and your file administration.
Do you have questions about medical data, an authorization or the settlement of your personal injury case? Contact Arslan Advocaten for an assessment of your situation.
Sources and further reading
- The Personal Injury Council — Medical authorization and power of attorney
- The Personal Injury Council — Handling medical data
- The Personal Injury Council — Medical Paragraph
- Association of Insurers — Code of Conduct for the Treatment of Personal Injury
