Subtracting Insult From Injury

By Peter DeFilippis, Esq.

Navigating the Complexities of Disclosing Personal Medical Information in Negligence Lawsuits: “Must My Entire Medical History be Made Public in a Herniated Disc Lawsuit?”

As dedicated personal injury attorneys operating in the intricate legal landscape of New York, we frequently encounter a common concern voiced by our clients pursuing negligence lawsuits: the apprehension surrounding the need to disclose their entire personal medical history. This issue becomes particularly pronounced when unrelated medical details, such as treatments for migraines or blood pressure, are juxtaposed with claims of a broken arm or torn rotator cuff. The legal imperative of defense attorneys to explore medical records intensifies the scrutiny, seeking potential alternative explanations for the claimant’s suffering. Fortunately, seasoned personal injury attorneys possess the expertise to shield extraneous medical records from becoming ammunition for the defense’s strategy.

New York’s judicial system has constructed safeguards against what can often feel like intrusive, even insulting, “fishing expeditions” by defense attorneys. Both State and Federal laws serve as robust barriers, guaranteeing the privacy of medical matters and records. While the opposing side retains the right to scrutinize all medical information related to injuries from the incident in question, the burden lies with them to substantiate the necessity and relevance of additional records.

These records must be deemed “material and necessary” for the defense’s case, with a compelling justification demonstrating the utility of the requested information in countering the claims of injury. Plaintiff attorneys effectively counter these requests by emphasizing the defense’s obligation to establish a clear and pertinent link between the sought records and the specific physical or mental conditions under scrutiny.

It is crucial to recognize that initiating legal action due to injuries sustained in scenarios like slip and falls, auto accidents or medical malpractice does not equate to a wholesale forfeiture of one’s right to medical privacy. Individuals should not endure a violation of privacy alongside their physical pain. Engaging the services of a knowledgeable and experienced New York attorney ensures rightful compensation for suffering while safeguarding the confidentiality and privileged status of unrelated health conditions.

For those seeking recourse, Peter DeFilippis & Associates is ready to assist. Your privacy and rights matter, and we are committed to protecting them. We offer complimentary consultations, and our dedication to your case is underscored by the fact that we only collect payment if we successfully secure compensation for you and your loved ones. To take the first step towards justice, reach out to us today at 914-478-7777 or 212-227-4001.