Can a defense attorney obtain my medical record through my medical provider?

Asked almost 2 years ago - New Lisbon, WI

My medical record contains sensitive material unrelated to the event that occurred and I do not wish for that information to be made known. Can the defense attorney obtain or review my medical record by going through my medical provider?

Attorney answers (5)

  1. L. Maxwell Taylor

    Contributor Level 20

    5

    Lawyers agree

    Answered . When you sue on claims that place your medical condition at issue, you impliedly consent to the release of your medical records. If you refuse to consent to the release of your medical records, you will, under general principles of law, be precluded from presenting evidence of your medical condition in your case.

    Not legal advic as I don't practice law in Wisconsin. It's just a statement of general principles of law as applied to the facts you state. If you need legal advice, consult Wisconsin counsel. I practice in Vermont ONLY..

  2. David B Pittman

    Pro

    Contributor Level 20

    4

    Lawyers agree

    1

    Answered . They cannot get it unless you signed a medical authorization with the at fault party's insurance company and were given them by the insurance company. But no the defense attorney cannot go out and get your records from the medical provider directly without your written consent.

  3. Kevin Coluccio

    Contributor Level 20

    4

    Lawyers agree

    Answered . It would seem that you have an attorney given that a defense attorney is involved. I would ask you attorney. That said, when you have filed a lawsuit claiming injuries, your records become available to the defense.

  4. Christian K. Lassen II

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . Typically, yes.

  5. Lars A. Lundeen

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . Your lawyer can assist you with this issue. If there are sensitive, unrelated, personal matters in your medical record, your attorney can file for what is called a protective order which would prevent the defense gaining access to this particular information. Speak with your lawyer.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

    This ans. does not create an attorney/client relationship.

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