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Reasonable time-frame for PI document production-medical record during discovery? Stop doc. production per subpoena.2nd opinion.
Anonymous6 views4 answers
Just found out from psychologist that defense atty requested my psychology med record from birth to present per deposition subpoena. Surprised my atty never informed me that. My psychologist needs to respond in 4 working days and wants me to sign a release. I do claim emotional and physical damages from the MVA. My psychologist only has my treatment note after the MVA. (1) Is it reasonable for defense atty to ask for my psychology medical record from birth to present? (2) Since I only saw this psychologist after the accident, would it be ok to just sign the release form to have the psychologist send the defense atty my record? (3) For future ref, how many years back med record is reasonable for defense atty to ask for ? (4) How to stop/limit doc. production-med record per subpoena?
Since you claim emotional damages your past emotional state is reasonable basis for discovery. Most plaintiff attorneys would attempt to limit this to three years prior.
Lars A. LundeenPersonal Injury LawyerRutland, VT ·
We here on .com cannot second-guess your attorney, who knows all of the facts. Your attorney will be upset with you if you are trying to deal with your psychologist on your own and make decisions without consulting your attorney first. Pick up the phone and make a face-to-face appointment with your attorney as soon as possible. Do not do things your attorney is unaware of and do not make decisions without consulting your attorney first. You are paying your attorney good money to provide you with good, sound legal advice – speak to your attorney.
Legal Disclaimer:
Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
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Since you have a lawyer, you need to talk to them. Personally I think it is overbraod in time. But since it was only for the accident then give it to them if you claim emotional damages. Again, talk to your lawyer.
Since you have out your emotional state into evidence by making a claim for emotional damages, your medical records the pre date the accident are both relevant and discoverable.
Your attorney can bring a Motion to Quash the subpoena or limit it.
