Legal Question in Civil Litigation in Maryland

When a lawsuit is filed, can the defense attorney get all copies of the patients(who is the plantiff) medical records from former and current health ptoviders without the patient permssions? Can the judge order the records release without permission?


Asked on 10/05/12, 8:43 am

1 Answer from Attorneys

Robert Sher Wagshal and Sher

If your medical care or health issues were raised in your complaint, as for example when you sue someone for injuries caused by their negligence, the defense can use the rules of discovery to require you to turn over these records. They can also subpoena the records directly from the providers. If you believe the records aren't relevant to the claims in your lawsuit, you can file a motion for a protective order with the court, and a judge will decide if they have to be released. If the defense believes that the injuries you are claiming are the fault of the defendant were pre-existing or caused by other events or otherwise unrelated to the claim, they have a right to request records from before the event in question to see if they support their theory.

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Answered on 10/08/12, 6:43 am


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