Lawyers in Vancouver Battle with ICBC over Disclosure of Personal Medical Records
Since starting as a personal injury lawyer in Vancouver in 1995 I’ve noticed that ICBC has always expected injury claimants to sign medical release forms consenting and authorizing ICBC to get your medical files when opening a claim. As a personal injury lawyer I fought against releasing a medical services plan history to ICBC after a change in the rules and won. This case, Anderson v. Kauhane, is one of the first cases to do away with the old disclosure rules in personal injury cases. This case has gone one to be quoted, referred to, and adopted in many other personal injury medical records cases in British Columbia. The fight, however for ICBC personal injury lawyers is not over and the courts are still unsure how to address new and emerging digitally created medical records.
Agreeing to disclosure your medical past by signing an ICBC Request & Authorization to Provide Medial Information is NOT required to make an ICBC injury claim after a car accident. Our civil rules changed in 2010 making it harder for ICBC to get your medical records after car accident litigation has commenced. Whether you live in Vancouver, Surrey, Richmond, Burnaby or anywhere else in British Columbia, here is what you need to know:
1. You only have to release medical documents that could prove or disprove a material fact at trial. Personal injury lawyers traditionally had to disclose documents under a much broader test, which still can be used in some situations.
2. The ICBC lawyer must make a request that you list the document with a reason why such additional documents should be disclosed. ICBC can no longer make a blanket request from a medical or clinical record.
3. If a demand for additional medical documents is made, you have 35 days to comply or indicate why those documents are not being provided. Some records that are clearly relevant must be disclosed, whether they support your case or not.
To learn more check out our short video by one of our ICBC injury claim lawyers on making an ICBC statement.
Posted by Vancouver ICBC Personal Injury Lawyer Mr. Renn A. Holness, B.A. LL.B, working for the injured not ICBC or any other insurance company.