The Fla attys will have to answer based on how its handled there but in my state they get 5 years on most anything and then farther back on the body part injured
If this information has been helpful, please indicate by providing feedback that the answer was either "helpful" or "best answer" as appropriate. Legal Disclaimer: Mr. Connell is a Colorado attorney licensed in only that state. 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.
As long as he is in compliance with HIPAA, the opposing attorney in your case can go through your entire medical history to determine if he finds anything that may be relevant to the injuries suffered in your workers comp case. However, that information cannot be shared on the internet for the general public to access.
The defense attorney can pretty much subpoena any of your past medical records with certain limited exceptions about which you should be talking with your attorney. The problem with the way you see it in that he can only have the past medical records that deal with your back is that say you told him in a deposition that you saw Doctor X but it had nothing to do with your back there would be no way for him to know that other than take your word about it. Under Florida law, he is entitled to get those records to see if in fact the records of Doctor X do shed any light on the previous back problems. You should be asking these questions to your attorney.
Disclaimer: The above does not constitute legal advice. It is the opinion of the author and is based upon facts which may be incomplete. No attorney/client relationship is formed by this discussion. You should consult an attorney with questions about your particular situation.
He is entitled to look at your past medical records. However, he has to follow hippa laws. He can't post them on the internet. Talk to your attorney.
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