What Is a HIPAA Authorization and Why It’s Essential for Your Personal Injury Case
A HIPAA authorization is a legal document that permits your medical records and bills to be released to someone other than yourself, most commonly your attorney. Federal and state laws, including the Health Insurance Portability and Accountability Act (HIPAA), protect the privacy of patient information, so even your lawyer cannot access your medical records without this signed authorization.
In personal injury cases, medical records are critical evidence. Insurance companies will not process or fairly settle a claim unless your injuries are properly documented. By signing a HIPAA authorization, your attorney can collect records from hospitals, urgent care centers, specialists, and primary care physicians, including doctor’s notes, test results, imaging reports, and hospital bills. These records prove the severity and duration of your injuries and support your claim for damages.
The authorization also allows your attorney to communicate directly with healthcare providers to clarify records, request additional documentation, and ensure all necessary information is included in your claim. Early execution of a HIPAA authorization is vital because obtaining medical records can take weeks or months, and delays can affect your case timeline and settlement.
Importantly, HIPAA authorizations can cover ongoing treatment, meaning your attorney can update your claim as new medical bills or treatment arise. The authorization does not waive your privacy rights—it is strictly for managing your personal injury case and cannot be used for unrelated purposes.
