People that pursue medical malpractice claims often are required to produce their medical records, including mental health records, throughout the course of litigation. Such records often contain sensitive information, however, and some plaintiffs may be reluctant to provide them to the defendant without just cause. In a recent cardiology malpractice matter, a New York court set forth an opinion explaining what constitutes sufficient grounds to compel a plaintiff to provide authorizations for mental health records. If you sustained damages because of a negligent cardiologist, it is smart to consult a knowledgeable Syracuse cardiology malpractice lawyer to assess your potential claims.
The Plaintiff’s Harm
It is reported that the plaintiff presented to the defendant with multiple symptoms related to his underlying heart condition. The defendant subsequently performed surgery on the plaintiff, which the plaintiff alleged was done in a negligent manner, causing him to suffer injuries. As such, he filed a medical malpractice case against the defendant.
Allegedly, during discovery, the defendant asked the plaintiff to complete authorizations that would allow the defendant to obtain his mental health records. The plaintiff declined, and the defendant filed a motion to compel the plaintiff to comply with his request. The court denied the motion, and the defendant appealed. Continue reading