When a person who is hurt in a car accident decides to pursue damages from the party responsible for the collision, the injured party’s medical records are usually discoverable. Even if plaintiffs agree to release documents pertaining to their medical treatment, though, a defendant may face difficulties obtaining such records if the treatment provider objects to their disclosure. The right of a defendant in a car accident case to review records from a third-party provider was the topic of a recent Florida opinion, in a matter in which the court ultimately declined to order the production of the documents. If you were injured in a collision, it is in your best interest to meet with a capable Florida car accident attorney regarding your rights.
The Plaintiff’s Treating Records
Reportedly, the plaintiff and the defendant were involved in a collision that caused the plaintiff to suffer back and neck injuries. The plaintiff then filed a lawsuit against the defendant, seeking damages under a theory of negligence. The defendant admitted he was liable for the accident but disputed the amount of damages the plaintiff was entitled to recover.
It is alleged that through the course of discovery, the defendant sought records from the numerous practitioners that treated the plaintiff, including one that specialized in treating spinal injuries (the provider). The provider objected to the request and filed a motion for a protective order, arguing the documents contained trade secrets and were protected from disclosure. Continue reading