QUESTION
Do I have to submit medical forms in a civil suit to the attorney or can I wait until its court ordered?
Asked on Mar 15th, 2013 on Personal Injury - New York
11 ANSWERS
That depends on your strategy, and upon your lawyer's advice. You are not required to submit medical records or forms without a subpoena or court order. However, if you are trying to settle with the other side you may want to cooperate. Consult with your lawyer first.
Answered on Apr 02nd, 2013 at 12:38 PM
Christian Joseph Menard
If you have a case for personal injuries, it is your burden of proof to establish the nature and extent of those injuries. That is done through your medical records relating to the injuries for which you are seeking reimbursement. Turning over those medical records to the defendant is something you should do without hesitation if you want them to know how injured you are. Keep in mind that just by filing such a claim does not make your entire medical history an open book. Just give them those records relating to the part of your body that is now injured, or that is in issue. For example, if you broke your arm, the defendant is entitled to all your medical records relating to your arm. They would not be entitled to any of your medical records relating to your leg or back.
Answered on Mar 18th, 2013 at 4:48 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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When you sue for injury your health records are an open book. Give them up sooner rather than later and your case will move more quickly
Answered on Mar 18th, 2013 at 4:48 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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You have to produce them upon request.
Answered on Mar 17th, 2013 at 9:31 PM
Ronald A. Steinberg
When you are asked.
Answered on Mar 17th, 2013 at 8:54 PM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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Assuming you are an injured party who has filed suit, you have put your physical/mental condition at issue and need to allow access to your treatment records. You would voluntarily want to do this for your attorney so they can get the records and see what the nature/extent of your injuries/treatment is, as well as your diagnosis and prognosis. The defendant will also be entitled to obtain your records and it's really up to you/your attorney re: when/how you want to turn them over, if you don't make arrangements for the defendant to get the records, then the defendant will either move to strike your injury claims or move to compel production of the records.
Answered on Mar 17th, 2013 at 8:53 PM
James Eugene Hasser
You could wait, but I don't advise it. I take it you have an injury case. Once you put your health in issue, they can discover anything about it. I also take it you don't have a lawyer, because if you did, he or she would tell you to cooperate. If you make the judge get involved on a routine matter such as that, you are likely to irritate him or her, and you could actually wind up in the worse case scenario having your case thrown out of court. I'd cooperate and/or get a lawyer. Good luck.
Answered on Mar 17th, 2013 at 8:49 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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I will assume that you are talking about submitting medical records to the attorney on the other side of the case, that the case is in South Carolina, and that you are not in small claims court. In a civil law suit, both sides are entitled to what is called "discovery". Discovery is a term that encompasses, among other things, your right to ask questions (interrogatories) of the other side, request documents and other tangible items from the other side (production requests), and take depositions of witness. If the opposing attorney made a request for copies of your medical records pursuant to discovery rules, then you must provide them. If you wait for the court to order it, then the court can make you pay their attorney's fees for their having to file a motion to compel you to comply with discovery rules.
Answered on Mar 17th, 2013 at 8:43 PM
Litigation is contentious by nature, but the legal process does require the exchange of information, but in an orderly manner and following certain discovery rules. In cases my office handles we voluntarily exchange information but it's done with only relevant information to support the claim. You should know who you're dealing with and that they are following the discovery rules. With lay people it's so easy for them to be taken advantage of so having a lawyer is pretty helpful. Consider hiring a personal injury lawyer.
Answered on Mar 17th, 2013 at 8:36 PM
Thomas Edward Gates
You need to produce them as part of Discovery. Failing to do so could void your case.
Answered on Mar 17th, 2013 at 8:21 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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If you wait, it will be court ordered, so you have to do it anyway. That means you will be making the judge order you to do what you are required to do, rather than just going ahead and doing it on your own. This will annoy the judge and will accomplish nothing in your favor. Is that what you want?
Answered on Mar 17th, 2013 at 8:16 PM