As a result of a serious car accident, bodily injury in the form of medical expenses and medical damages result. Under Florida Law, economic remmuneration is available to a person that sustains a permanent medical injury. Defense attorneys will seek to acquire all your medical records so they can verify on behalf of the defendant, whether any medical history is evidence of a pre-existing condition or otherwise minimizes the harm caused by the accident. Generally speaking the courts will allow a defendant to subpoena such records during the discovery process. This however, does not mean that the records can or will be introduced as evidence during trial.
Under certain circumstances, a plaintiff’s attorney may move for a protective order to prevent certain records from being released. However, unless there is a compelling reason to do so, or the records are clearly irrelevant on its face, then the release of the medical records will ultimately occur.
When a Plaintiff seeks to recover damages for his or her loses, the Plaintiff needs to understand that he or she puts his persona under trial as well which often means that much of a Plaintiff’s past will be discoverable.