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

In Mississippi, there are no limitations on a defendant’s ability to obtain plaintiff’s complete medical history. The method used to obtain plaintiff’s complete medical history is governed by the stage of the lawsuit.

Pre-Suit

Before a lawsuit is filed, the only method by which a defendant may obtain plaintiff’s medical records is with the use of HIPAA compliant medical authorization executed by plaintiff. If provided by plaintiff, the authorization may simply be enclosed in a letter to the medical treatment provider requesting a copy of all medical records within the time frame allowed by the authorization.

Note that any request for psychological notes must be specifically included within a medical authorization or those notes will not be produced by the medical treatment provider.

Litigation

Following the filing of a Complaint, defendant may use two options to obtain plaintiff’s medical complaints.

First, Defendant may propound written discovery consisting of both interrogatories and requests for production seeking the identification of medical treatment providers and the production of all medical records and bills related to plaintiff’s claims. A medical authorization is routinely included with requests for production.

As a second option, defendants may issue a Subpoena Duces Tecum to the medical provider for the production of records. While this is an effective and legally permissible method to obtain medical records, medical providers often produce documents more quickly and with less resistance when a medical authorization is provided.