I am currently dealing with an LTD claim which has been taken on by my lawyer and a settlement of claim has been served to my insurer. I have authorized my lawyer to request any medical records etc for my case. My medical ailment is physical in nature and I have both a GP and specialists involved in my care who are very supportive and cooperative. I also have a psychiatrist who I have seen for a number of years in relation to depression and anxiety. My LTD claim is not based on psychological factors, however I have no issue eith divulging any info to my lawyer that may assist in completing my file.
My psychiatrist, however, does not give out her clinical notes as a rule, particularly to insurance companies, which I do not disagree with. As we discuss so many things that are and are not related to my conditions, she prefers to fill out a straightforward but thorough summary of my medical conditions, her assessment, time spent as my psychiatrist, etc. as opposed to making copies of my file.
She has been sent a request for a copy of my file from my lawyer. Will it hurt my case if she does not send all of this in, and simply provides the information that she deems potentially relevant? Of course I want my lawyer to be in the best position to help me, but as my claim is not based upon my psychiatric history, will the summary suffice? Thanks for any advice.
If you are involved in civil litigation the rules of court will require you to produce all relevant information, including in many cases, clinical records from psychologists and psychiatrists. Summaries of information are not enough in most cases, unless the other side (insurance company) agrees to accept a summary — which they normally will not do.
Your lawyer can review the records to see if any parts can be redacted as not being relevant to the issues of the lawsuit. Ultimately, a judge would decide if the record in questions must be disclosed.
David Brannen
Disability Lawyer with Resolute Legal
The response posted above is based on the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with a lawyer, fully explain your situation, and allow the lawyer enough time to research the applicable law and facts required to give an adequate opinion. The basic information provided above is intended as a public service only, a full one-on-one discussion with a lawyer should be done before taking any any action. The information posted on this forum is available to the viewing public and is not intended to create a lawyer client relationship with any person. If you want one-on-one advice, please click here to request a free consultation or call toll free 1-877-282-5188 to speak with a member with our disability claim support team.
Thanks so much, David. I have no issue with providing anything needed, but my doctor can be quite cautious with clinical notes. Fortunately I found out yesterday that my case has been resolved in my favour, so I don’t need to submit anything else. What an immense relief after over a year and a half - thanks to your referral to my lawyer. I cannot thank you and him enough.
