Can a Defense Attorney Modify Medical Authorization Post-Signature?

Question from Walt, Can a Defense Attorney Modify Medical Authorization Post-Signature?

Answer from AI:

In the United States, the ability of a defense attorney to modify and use a medical authorization form after the plaintiff has signed it is generally limited. Here’s a breakdown of the key considerations:

HIPAA Regulations

• HIPAA Authorization: Medical authorizations are typically HIPAA compliant forms, which outline specific details about what information can be disclosed, to whom, and the duration of the authorization.
• Scope of Authorization: These forms are designed to protect patient privacy, and any modifications must adhere strictly to the original terms unless the plaintiff consents to changes.

Legal and Ethical Considerations

• Unilateral Modifications: A defense attorney cannot unilaterally modify a signed medical authorization. Such actions could be viewed as fraudulent or misleading, potentially leading to legal consequences.
• Privacy Invasion: Altering the form to obtain additional records beyond the original scope could result in an invasion of the plaintiff’s privacy, providing grounds for objection or further legal action.

Procedural Rules

• Federal Rules of Civil Procedure: While Rule 45 pertains to subpoenas, the broader principle of document integrity applies. Altering a signed document without consent may violate procedural rules and ethical standards.

Conclusion

• Consent Requirement: Any modifications to a signed medical authorization require the plaintiff’s consent. If the defense attorney wishes to expand the scope, they should obtain a new authorization.
• Legal Consequences: Using a modified form without consent risks court rejection and potential legal challenges from the plaintiff.

In summary, a defense attorney should not modify a signed medical authorization without the plaintiff’s agreement. They must use the form as is or seek a new authorization. Unauthorized modifications could lead to legal repercussions.