Legal Question in Personal Injury in Wisconsin

Past Medical Record Discovery in Motor Vehicle Accident Injury Claim

I cannot advise you if you are already represented by an attorney--you need to pose your questions to him or her. Generally speaking, however, anyone who makes an injury claim waives privacy rights as to any medical information which could conceivably relate to the condition which is the basis for the claim. For example, spinal injuries often need to be separated from degeneration which is a natural result of aging, which was inherited, or which was caused by other exposures such as the claimant's job. Relevant medical records can go back many years (potentially for life), and if the claimant refuses to release information, the claim can be denied and/or the case dismissed. The defense can be orderred to protect any personal information obtained which is not needed for defense of the claim.