Legal Question in Personal Injury in Oregon

I have gotten a lawyer because of a fall I took at an apartment complex caused by an outside step on one of the staircases breaking. I was hurt by this on my lower back. My concern (question) is that my lawyer has gotten my medical records from the hospital that I went to and my doctors office where I did my follow up and that is where my primary care provider is. I fgound out that my dr. would only give him med. records from the date of the accident until now but he wants all my records for the past three years that I've had this dr. The lawyer managed to get all of the records from the hospital and I have been at that hospital quite a few times for about 12 years and there are medical records there that I don't want anyone seeing and they don't have anything to do with this fall or any other fall or anything like it. It is just personal and embarassing info. A friend made the suggestion that my lawyer could be involved in a conflict of interest and trying to get info on me that would hurt my case. What should I do. Should I let him have free reign of my med info? Also, I don't remember signing a release of info allowing him to do what he is attempting to do. please help. any advice would be great.

Thanks,

CJ


Asked on 10/25/10, 6:56 pm

1 Answer from Attorneys
Daniel Meek Daniel W. Meek

Any competent lawyer would get your signature on a medical records release before seeking the records.

As for records prior to the accident, such records can be obtained by your opponents (building owner and insurance company) to show that your current pain is the result of something other than the accident. They would want to find that you have a history of lower back problems, for example, so they could argue that the accident did not cause your problem. Your attorney needs to see the prior records so she can be ready to defend against such an argument.

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Answered on 10/31/10, 4:26 am


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