Q: Can I keep my medical records private from defendant?
I am the plaintiff in a personal injury case. The insurance adjuster has asked for my medical records, which I will be giving them. However, I was wondering if there is any way to keep the individual defendant in this case from seeing/accessing these records? I believe this individual could be a danger to me and I do not want them seeing the names/addresses of medical providers that I am currently going to. Thanks. (location is California)
A: Your question indicates you are in Colorado, while the question was posed in the California forum. In California, what you request is theoretically possible with a protective order. However, the persons whom you authorize to receive the records are involved in this dispute as agents for the defendant, i.e., the insurance adjuster is working on behalf of the defendant and so is any attorney hired on behalf of the defendant. Since those agents are duty bound to the defendant, such a protective order is problematic. The defendant has a right to know about the facts that pertain to his defense. You can always ask but there is no guarantee that anyone will agree to what you ask.
1 user found this answer helpful
A:
more info needed.
if you are in litigation in another state then those laws would apply.
hopefully, you have a lawyer and that is the person to whom you should pose this question.
you might try to a protective order but clearly you prior medical is relevant to determine if your complaints are preexisting...that is only fair
A: You should talk to your lawyer since Colorado law applies. If you don't have a lawyer you should seriously consider getting one. Statistics show personal injury plaintiffs net more money after the attorneys fees. This is because the insurance carriers will do everything they can to pay you as little as possible. Attorneys even the playing field... Good luck to you..
A:
If the matter reached the trial stage, there could possibly be difficulties in terms of how a doctor could testify if called to court.
Tim Akpinar
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