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

Minnesota

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

Minnesota courts have wide discretion in allowing the discovery of medical records. There are no statutory or common law restrictions on discovery of pre or post incident medical records. If the records are relevant to the issues in the case under Minn. Rule Evid. 401 and 402 and the probative value of the records exceeds any prejudice under Rule 403, the court will likely allow production. If plaintiff fails to produce relevant medical records, the defendant can pursue a motion to compel their production. Plaintiff’s counsel can then file a motion in limine seeking to exclude the records at trial.