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Attorney/Doctor Question

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What is the name of your state? Florida

If a person is on workmans comp and moves to new state and has attorney in original state where injury occurred, but has treating physician in new state and the lawyer asks for medical records to be sent to him does the doctor have to send them?
Is it a law that once attorney asks for medical records and reports that the doctor has to send them?
 


lealea1005

Senior Member
ChattiPatti said:
What is the name of your state? Florida

If a person is on workmans comp and moves to new state and has attorney in original state where injury occurred, but has treating physician in new state and the lawyer asks for medical records to be sent to him does the doctor have to send them?
Is it a law that once attorney asks for medical records and reports that the doctor has to send them?


Not unless there's a signed consent form....and I would think that you did sign one at some point if you have a Worker's Comp. case.
 
Yes, I signed the consent form.
I was just curious as it seems it is taking so long for my attorney to get the medical records and reports back.
I thought maybe since treating doctor was in South Carolina and Attorney in Florida that the doctor may feel he does not have to follow Florida WC laws**************
Hope I am making sense.
Thanks for your response.
 

lealea1005

Senior Member
ChattiPatti said:
Yes, I signed the consent form.
I was just curious as it seems it is taking so long for my attorney to get the medical records and reports back.
I thought maybe since treating doctor was in South Carolina and Attorney in Florida that the doctor may feel he does not have to follow Florida WC laws**************
Hope I am making sense.
Thanks for your response.


I'm not sure about SC but in MD the Doc has a "reasonable" amount of time to get record out (30 days). Perhaps the Doctor charged a fee to send the records and is waiting for payment by your lawyer. Give the Doctor's office a call and ask them what the hold up is. I'm sure they'd let you know. Good Luck.
 

weenor

Senior Member
They are your medical records so the doctor has to send them to anyone you designate- such a lawyer. As previously stated your lawyer will need a recent signed release to get them. Your employer's carrier is paying the doctor's bill so it is getting the records.
 

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