Insurance claim vs Privacy

[Charles Freeborn]

I am in the early stages of an insurance claim with a local restaurant regarding a food poisoning. This is not your run-of-the-mill barf it out & good to go a day later sort of deal, but potentially a Norovirus or similar that landed me in the OR the next day and out of commission for most of the next week. In short the diagnosis was gastroenteritis with small intestine inflammation and elevated white blood count. I was healthy as a horse when I went to bed that night and in agony at 4:30 a.m. Everything that went into my mouth from 3 pm on the day of the incident and that night came from this establishment (dinner and a show). Everything prior to that time was same as my wife ate, and she's fine.
The restaurants insurance company that is handling the claim is asking for my SS# and for me to sign off on releasing my medical records. I don't have a problem with either as long as I see their security statement on SS# use, as well as what they will do with it in general (such as no credit checks, etc), and their use of my medical records will be limited to this incident and nothing else.
Anyone have experience with this process and what I should ask for and beware of?
Many thanks in advance.
-C

[Arizona_928]

You hand off your medical release they have full access to every medical record. I would get an attorney.

[greglepore]

They're entitled to medical records, but you want to see their policies on disclosure etc. Same with SSN. These items would be routinely turned over in discovery if there was a lawsuit, so getting an atty doesn't buy you any purchase here. You can argue about the ssn, but if you want to claim $'s they're going to get medical records.

[Charles Freeborn]

I don't argue about records for this event. I'm just not comfortable giving access to records previous to that. No deep dark secrets, just none of their business.

-C

[greglepore]

Right. Understand that. Probably at this point they just want the records from this event to determine diagnosis and tx. If it goes further than a negotiated claim, they'll likely want access to family doc records etc to rule out something preexisting. Usually more significant in ortho injury cases. You can limit the release to dates between x and y and certain providers. The providers are more wary of general records releases now anyway due to HIPPA

[Charles Freeborn]

As I hoped (& feared...), but better to go in prepared. Many thanks for the pointers.
-C

[bpu699]

Unless lots of folks had the same experience with that restaurant that day, you are probably not going to win. Food poisoning is difficult to prove, and you can get the organisms that cause it from touching a variety of surfaces.

Is the doc and hospital willing to stipulate in writing that it was food poisoning, vs several other possible causes?


As a doc, we see what folks describe as food poisoning all the time. It rarely leads to a claim against the restaraunt.

If you plan to pursue, talk to your docs and ask what they are willing to stipulate in court. You might be surprised what they tell you.

Glad you are better... Good luck

[john70t]

If it is on that level:
Don't volunteer anything, except through your judicial advocate.
Record everything.
Witness statements in some form.
Save your puke specimen.

[gchappel]

Did you actually end up in the OR- undergoing an operation?
Or did you mean ER?
No operation- no damages here. Just being sick is not, imho, is not an event you can successfully litigate. Otherwise, I could sue the fellow next to me on the plane that gave me a cold.
I see no way you can prove, beyond reasonable doubt, that this restaurant was at fault, uinless several other people had the same issue, and required the same operation.
Did you keep food samples?
Will your doctors actually testify that it was definitely food poisoning from this specific institution? I assume you are also ready to pay for their time.
Sorry you got sick- crap happens.
Proving long term damages and proving the cause will be difficult.
Gary

[Charles Freeborn]

Sorry typo - ER.. No, no samples as I was fine when I walked out and well into the evening.
I realize this is probably un-winable unless there were other complaints on the same day. I don't see the comparison to catching something from a stranger - If the restaurant served tainted product there is liability. Proving it is another matter.
My primary concern is the privacy issue and what and for how long this insurance company, with whom I have no prior or likely future relationship, will hold and use my private information.
-C