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Are Personal Medical Records Accessed During Discovery in a Maryland Lawsuit?

Injury lawsuits largely focus on victims’ injuries, meaning their medical records will be of interest to defendants during discovery in Maryland lawsuits.

Any documents that are not privileged and are relevant to a case can be accessed by the opposing side during discovery in a Maryland lawsuit. This could include a victim’s medical records that are pertinent to an injury case. To ensure you are prepared for this process, start generating medical evidence of your injuries by immediately going to the hospital. Continue getting treatment for as long as necessary. We can then gather and organize any medical records relevant to your case and prepare them for discovery. Such information can also allow us to build your case, as your medical records can prove the time you sustained your injuries, the severity of your injuries, the treatment you have received, and the medical costs you have incurred.

To have the Maryland personal injury lawyers of Rice, Murtha & Psoras evaluate your case for free, call (410) 694-7291 now.

Can Personal Medical Records Be Accessed During Discovery in Maryland?

After you file your lawsuit but before it goes to trial, discovery will take place. This process is what allows each party to request certain information about the opposing side’s case, including a victim’s pertinent medical records.

When civil claims revolve around an injury, a victim’s medical records will be relevant. Because your medical records will be part of the evidence you present in your case, they may be accessible by the opposing side during discovery. If the defendant wishes to get additional medical records than what is used in your case, they must take specific steps to do so. A subpoena alone is insufficient for healthcare providers to disclose your personal medical records in Maryland.

In Maryland lawsuits, parties can obtain discovery on matters that are not privileged and related to the case. When your medical records are submitted as evidence, they can be reviewed by the opposing side. This should not harm your case, provided your medical records align with the injuries and damages cited in your claim.

Discoverable Medical Records in Maryland Injury Cases

There are several types of medical records victims should prepare when suing for injury in Maryland. These include records detailing their immediate injuries, pre-existing conditions, and long-term treatment. Such documents may be discoverable in your case.

When submitting medical records as evidence, you want to be as thorough as possible. Doing this can allow you to cover all bases related to your medical records so that the defense has no need to request additional information during discovery. This will require you to go to the hospital immediately after being injured in an accident. If you delay medical treatment, the defense might argue that your injuries are unrelated to their actions.

On top of getting treatment right away, you should get routine care. If, after going to the emergency room, doctors refer you to specialists for more in-depth treatment, follow their advice. If you need surgery to treat your injuries, get it. This also applies to taking any prescribed medications and going to all physical therapy appointments. The more information we have about your initial injuries and subsequent treatment, the better. While these documents might be discoverable by the defendant in your case, that should not be of concern, provided they align with the claims you make in your lawsuit.

Depending on your injuries and the specifics of your case, you might need to provide medical records pertaining to pre-existing conditions. This can eliminate any question that a supposed pre-existing condition contributed to your current symptoms or discomfort. The defense might request such information during discovery, so be prepared to provide it if necessary.

How to Prepare Personal Medical Records for Discovery in a Maryland Injury Case

To use your personal medical records to support your case, you will need to get them. Our lawyers can help you obtain, organize, and assess your medical records to use in your claim against a negligent party. This might also make discovery a smoother process.

Some healthcare providers have specific procedures patients must follow to obtain their medical professionals. Generally, patients have to make a written request. You can most likely do this to get all medical records related to your case. If you are having any difficulty doing so, ask our lawyers for assistance.

Our Baltimore personal injury lawyers can then review your medical records and any expenses you have incurred to estimate the value of your case and add further support to your claim. When we have your medical records in our possession, we can more easily provide them to the defense during discovery if they are requested and relevant.

How to Use Personal Medical Records in a Maryland Injury Lawsuit

While allowing others to access your medical records can feel somewhat violating, it may be necessary for the success of your case. For example, we can show such information to medical experts who may be able to provide testimony that strengthens your recovery claim in Maryland.

In any claim based on injury, you must prove that you did, in fact, sustain an injury. You must also prove that you incurred damages because of the injury caused by the defendant, which is why you should also keep all records pertaining to medical costs and expenses. This can result in proof of damages we can present to a jury.

Testimony from experts can add further credence to a compensation claim in Maryland. Medical experts can review your initial diagnosis and the extent of your injuries to determine the future care you will likely need. Such testimony can shed light on the pain and suffering you experienced because of your injuries caused by the defendant.

Call Our Lawyers About Your Maryland Injury Case Now

You can call Rice, Murtha & Psoras at (410) 694-7291 to discuss your case for free with our Ocean City, MD personal injury lawyers today.