Asked in Personal Injury and Civil Rights for Indiana

Q: Lawyer is quiting in middle of lawsuit. Stated his reasons which I think are just try to cover for a violation of confid

I have to go to deposition in December. Confidentiality. By giving opposing lawyer acsses to my medical records.

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3 Lawyer Answers

A: Opposing lawyer is entitled to access to your records if you are making an injury claim. You need to ask your attorney's assistance in finding a lawyer. He has to file a motion to have the Court allow him out unless you already consented.

A: Plaintiff attorneys normally provide records to opposing counsel - the records are the basis of the claim. If your claim is in suit, it would be done as part of discovery. If your attorney hadn't yet placed the matter in suit, it would be part of the documents requested by the claim examiner. Unless it involves a medical issue that has nothing to do with the injuries and damages alleged, the element of confidentially isn't generally a consideration. Good luck

Tim Akpinar

A: Based on the limited facts here, I don't suspect that there was a violation of confidentiality here. You posted this under Personal Injury. If you are the plaintiff in a personal injury case, your lawyer would provide your medical records to opposing counsel as a normal course of action. It's part of discovery. That shouldn't create a problem, unless there are facts not stated here, such as including information that was not relevant to the matter that should not have been disclosed. Your lawyer is the only one who knows why she or he withdrew from the case. You could ask them. But with a deposition coming up in December, concentrate your efforts more on finding a new lawyer. Good luck

Tim Akpinar

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