Disclosure of Medical Records

Defense attorneys for some reason love to send the same form discovery.  They keep asking for all medical records essentially for the Plaintiff's entire life.  This is not permitted.  They are entitled to know about any pre-existing injury that may possibly have already been injured and was re-injured in the accident.  However,  all medical bills incurred from an accident are reasonable and necessary and no further proof is required, except that they were incurred as a proximate result of the accident and but for the accident the bills would not have been incurred and that the bills are substantially related to the injuries from the wreck.  Alfa Insurance v. Cascio, 909 So.2d 174 (Miss. Ct. App. 2005).  In Florida, there was a recent case where a Court found that requiring a Plaintiff to disclose all medical records in pre-suit stage of a medical malpractice action was a violation of HIPPA and as such the state statute was preempted by federal law.