Dr Jensen responds

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