Legal Question in Civil Litigation in California

Subpoena for Medical Records

Can my medical records be subpoened for a trip and fall lawsuit, other than the dates for which I received treatment for my injuries? The attorney for the defendant is subpoening all my medical records reguardless of treatment dates, can they do that? How can I make a motion to quash or modify the subpoena?


Asked on 2/05/03, 2:18 pm

2 Answers from Attorneys
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Subpoena for Medical Records

Talk to your attorney about this--the defendant does have a right to your medical records to see whether your injuries may have some other cause, or may have been present before the accident. They may not all be admissible at trial, but they are generally "discoverable" in the lawsuit process.

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Answered on 2/05/03, 2:25 pm
Alvin Tenner Law Office of Alvin G. Tenner

Re: Subpoena for Medical Records

They can subpoena your medical records. they are looking for any past injury that may effect you present complaint.

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Answered on 2/06/03, 10:00 pm


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