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TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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My child was injured at a popular fast food restaurant. The

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My child was injured at a popular fast food restaurant. The restaurant's insurance company is asking for his SSN and a signed release for all medical information from all doctors he has ever seen. This form clearly gives them permission to delve into his past medical history, not just for the current injury. This is just to receive reimbursement for his medical expenses incurred due to the injury. I think this is an excessive invasion of privacy, especially since they state that his information may be shared and is no longer protected by HIPPA once the release is signed. This is the first time we've ever had to deal with this type of situation and we do not know whether to proceed or just let it go. Is this standard operating practice?

Thanks for your question.

This actually is standard operating procedure. By making a claim for personal injury for your child, you place the child's medical information at issue. The restaurant has the right to inspect whether or not there is a prior injuries which would reduce their liability.

However, this is not something you absolutely have to do right now. They are not entitled to this information until you file a lawsuit and they are defending the lawsuit. Nevertheless, if you do not cooperate, they will probably not settle with you. You can ask that the release be limited in terms of time and in scope. You can also ask that they sign a confidentiality agreement which states that they will keep the information confidential.

Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am compensated by the website for my work on your question. Rating positively does not cause an additional charge and does not prevent us from further discussing your questions.

Best Regards,
TexLaw and 5 other Legal Specialists are ready to help you
Customer: replied 4 years ago.

Thank you.


We were naïve about this issue and thought it would be a simple process of the insurance verifying the injury and then covering the medical bills. We will try to limit the release in time and scope and see what happens. Thank you again.

Glad to be able to help.

Please let me know if you need anything else.