Subtracting Insult From Injury
“If I file suit for my herniated disc, do I have to disclose my entire past medical history?”
As personal injury attorneys in New York, we often get this type question. People filing negligence lawsuits are concerned about revealing all of their private medical information. It’s not logical to have to disclose migraine or blood pressure treatments when suffering from a broken arm or torn rotator cuff. However, defense attorneys like to poke around in people’s medical records to see if they can find a reason for a person’s suffering other than the injury being claimed.
The good news is savvy personal injury attorneys know how to keep records irrelevant to the defense’s case off limits.New York Courts put the brakes on defense attorney “fishing expeditions.” State and Federal laws guarantee privacy in medical matters and records. While the opposing side can review all medical information about injuries stemming from the incident, the burden is on them to prove any additional records are “material and necessary” to the defense of the case. Their request must show how the information is useful for reasonably defending against the injury claims. Plaintiff attorneys rebut by pointing out the defense’s failure to establish a link between the records requested and the physical or mental conditions in question.Filing suit for injuries sustained in a slip and fall, auto accident, or due to medical malpractice does not mean completely waiving your right to privacy. You do not have to allow the defense to add insult to your injuries. Enlist the help of an informed experienced NY attorney to get justly compensated for your pain and suffering while keeping your unrelated conditions or ailments confidential and privileged.At Peter DeFilippis & Associates, consultations are always free and we do not get paid unless we recover money for you and your family. Contact us today to have all your questions answered. Call 212-227-4001