Legal Question in Health Care Law in Massachusetts
Access to Medical records
I was in a car accident and sustained injury to my elbow. If I sue, do the lawyers etc need access to ALL my medical records including personal medical information that does not relate to my elbow. I understand they would need info relating to any past elbow problems but do they need my complete medical history. There are things in my history that are between my doctor and myself exclusively.
3 Answers from Attorneys
Re: Access to Medical records
Counsel can ask the court to seal the information, or to havce it reviewed by a judge to determien whetehr it is relevant to the injuries claimed. If it is not relevant, it will not be admissible.
The party asking for the information has the burden to show that the information sought either contains or may reasonably lead to relevant information.
Please e-mail our office if you wish to discuss the details of your matter.
Re: Access to Medical records
On your medical release, you may be able to limit the disclosure of certain information. If not relevant, a motion could be made in order to prevent disclosure. It will be up to a judge in the end.
Re: Access to Medical records
Access to medical records may depend on the type of damage you claim. Many people are careless and always allege emotionl distress, whihc may lead to a release of therapy records. A protective order may be sought to limit disclosure.
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