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A Defendant in a Car Accident is not Mandated to Provide Medical Records Without an “in camera” inspection to examine the relevance of the records to the accident


Posted by | November 19, 2012
Posted in: Bodily Injury, Florida Law, Insurance Coverage, Insurance Defense, Scarborough

A Defendant in a Car Accident is not Mandated to Provide Medical Records Without an “in camera” inspection to examine the relevance of the records to the accident

The Fourth DCA in James v. Veneziano, 37 Fla. L. Weekly D2338, Oct 3,2012 held that while a Defendant’a medical records showing  health problems in the form of a brain tumor causing memory issues may have to be examined by the court, they can’t be produced unless and until the court has an “in camera” inspection. The inspection is to determine and the parties to argue  the relevance of the records and to protect the Defendant’s constitutional and statutory privacy rights to the records.

Practice tip: Please carefully review any medical records of your insured/client BEFORE they are confronted with a deposition which may put them in a position to produce the same. Always file motions for protective order and objection to any subpoena issued to a client/insured.