Russell Steven Kohn's Answers

Russell Steven Kohn
Oceanside Wrongful Death Attorney.
Contributor Level 7

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Attorney answers:

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What personal medical information is relevent if My back was injured in an auto injury

Asked by a user in Palm Springs, CA - about 3 years ago.

Under California law, merely asserting a claim for injury does not waive your right to medical privacy for unrelated conditions and treatment. Thus, a plaintiff can get a court order quashing an over broad subpoena for medical records. But it is up to the plaintiff to file a motion to obtain such an order if the defense will not agree to voluntarily withdraw the over broad subpoena. If a motion is required, the court may also grant a request from the plaintiff for monetary sanctions against...

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