Defendant's Ability to Obtain Plaintiff's Complete Medical History -

Alaska

What limitations exist, if any, on a defendant’s ability to obtain a plaintiff’s complete medical history, both pre and post incident?

Alaska has created privacy rights related to health and applicable to medical records. Alaska Const. Art. 1, § 14. Filing a personal injury action waives the physician/patient privilege as to all information concerning the plaintiff’s health and medical history relevant to the matters at issue. Ayuluk v. Red Oaks Assisted Living, Inc., 201 P.3d 1183 (Alaska 2009).

Here, courts limit waiver of privilege to inquiries relevant to injuries claimed in litigation. Arctic Motor Freight, Inc. v Stover, 571 P.2d 1006 (Alaska 1977). Notably, defendants are “entitled to obtain injury-related information, including information about preexisting conditions and other information from [plaintiff’s] doctors, and not just about the treatment of the particular injuries alleged in his complaint.” Khalsa v. Chose, 261 P.3d 367, 370, 373, 380-382, n. 18 (Alaska 2011). Also, “when a plaintiff’s medical privilege has been waived by the filing of suit, discovery should normally proceed without judicial participation … in a manner demonstrating candor and common sense.” Ayuluk, 201 P.3d at 1209 (citing Langdon v. Champion, 745 P.2d. 1371, 1373 (Alaska 1987)).

** The authors would like to thank Austin Smith and Shawn McKendry for their help in researching and compiling this compendium.