I appreciate Dr Leduc’s comments. Discussion is always valuable and this topic has significant complexities at times.
My article was written to provide a brief overview of some of the issues surrounding authorizations and requests for medical legal reports and copies of medical records. Most of the time, such requests can be dealt with directly.
However, there have been times in my practice when I have received a request for records and have been concerned with sending information of a sensitive nature, and, in my opinion, not relevant to the insurance claim or matter at hand.
Solving this dilemma was not always straightforward. I doubt that my experience is unique and so I touched on the situation within the article.
I did refer to the appropriate sections of the two privacy acts and the guidelines of the College of Physicians and Surgeons of British Columbia and the Canadian Medical Protective Association for further information.
The topics of medical-legal reports, ethical and professional obligations, and privacy issues are complex. I agree with Dr Leduc that a subsequent article may be necessary to provide more clarification.
Dr Leduc appears to be a physician who performs within his ethical and legal obligations and most likely represents the majority of physicians.
Within 30 minutes of receiving a copy of his e-mail, I received correspondence within ICBC regarding a physician who has not complied with requests for medical information for over a year, despite repeated requests. This is not an isolated incident.
In my previous article, I did not mean to be scolding, and I apologize for the misunderstanding. If the article spurred some physicians to complete outstanding CL19s or medical legal reports, I would consider that a positive secondary outcome.
As always, I look forward to receiving your emails at DrLaura.Jensen@ICBC.com.
—Laura Jensen, MD
ICBC Medical Community Liaison
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