If you have an attorney, this is the kind of question that they should be able to answer specifically for you. Sometimes the answer depends on the injury and the case, but generally, yes, once you have placed your physical condition (an injury) at-issue, the other side in the lawsuit gets discovery of all records about your health.
No attorney-client relationship is intended by this answer.
If you have an attorney, you really should be asking him or her. If you are trying to "go it" alone, your really should get an attorney. Generally speaking though, if you are claiming injuries, all your medical records they can find are "fair" game for discovery purposes. It doesn't matter if you got treatment in Florida, Washington, or even out of country for that matter. Additionally, despite a requirement physicians keep your records for a certain number of years before destroying them, many seem to keep them longer. So don't bank on the fact you didn't get treatment in the last ten (10) years for a condition, there may still be records documenting the same.
Discovery is generally very broad they will in all likelihood be able to entitled to review the medical records from the other state. But just because they will be entitled to review them, does not necessarily mean they will be admissible at a trial should your case go that far. If you haven't already hired a local personal injury attorney, I would suggest that you may want to consider doing so as they will be familiar with the evidentiary rules and will know best how to handle your particular situation.
Discuss all issues with your lawyer. In NJ and NY, you can be asked to sign authorizations permitting the release of a broad amount of information and records as long as the request is reasonably calculated to lead to relevant evidence. Good luck.
Matthew C. Simon, Esq.
The Law Office of John Tierney
1259 Route 46 East
Building 3, Suite 133
Parsippany NJ 07054
The above is general information only and is not legal advice. The information provided does not form an attorney-client relationship, and should not be relied upon to take or refrain from taking any action. I am not your attorney until we sign a retainer agreement.
The short answer is yes. If you place your physical or mental condition in controversy in a lawsuit most medical records are discoverable. There are certain exceptions to the general rule. You need to talk to your attorney about your concerns, or if you haven't retained an attorney I would suggest talking to one about your specific concerns.
Anytime you are in litigation, and you have some type of injury, you have placed your condition at issue to where your records may be discoverable. As the others pointed out, assuming you are represented, your attorney is in the best position to answer this. Generally, the rule in most jurisdictions is anything calculated to lead to the discovery of admissible evidence is discoverable, or can be obtained.
Yes. They can see them. They will see them. They will use an industry database to find all claims you have made. They will subpoena all your medical records.
You are basically asking for advice on if you can get away with unethical and illegal (insurance fraud is a crime in Florida) conduct. Any lawyer that tells you should try to do that, should be disbarred!
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I believe that my colleagues have provided you with some very good answers. Good luck.
Mr. Crosner is licensed to practice law in California and has been practicing law in California since 1978. The response herein is general legal and business analysis.. It is not intended nor construed to be "legal advice" but rather it is analysis, and different lawyers may analyze this matter differently, especially if there are additional facts not reflected in 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. I am not your attorney until retained by a written retainer agreement signed by both of us. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.
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