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

In Arkansas, medical records (both pre and post incident) are routinely obtained through a HIPAA compliant medical authorization. Medical records are not open to the public but are available to the patient or the patient’s attorney, or by express consent of the patient. Ark. Code Ann. § 23-76-129.

Under Arkansas law, persons who place their physical or emotional condition in issue as part of a claim must execute an authorization for medical records, and evidentiary privileges may not apply. Ark. R. Civ. P. 35(c)(1). Arkansas courts have jurisdiction to enter an order compelling discovery of medical records pursuant to this rule. McGlothin v. Kemp, 314 Ark. 495, 863 S.W.2d 313(1993).

The Arkansas Rules of Civil Procedure provide that there is no privilege as to medical records relevant to an issue of the physical, mental or emotional condition of the patient in any proceeding in which he or she relies upon the condition as an element of his or her claim. Ark. R. of Evid. R. 503.

Arkansas law tries to find “an appropriate balance to obtain all relevant information and the patient’s right to have irrelevant information remain confidential.” See Harlan v Lewis, 141 F.R.D. 107, 111 (E.D. Ark. 1992), aff’d 982 F.2d 155 (8^th Cir. 1993).