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

In New Hampshire, a defendant is generally permitted to obtain a plaintiff’s complete medical history, both pre- and post-incident. However, medical records usually must be obtained with the consent of the patient, typically through an executed Medical Authorization received from the plaintiff himself/herself or through plaintiff’s counsel if represented.

Superior Court Rule 28A (c) grants any party a “right to procure from opposing counsel an authorization to examine and obtain copies of hospital records and X-Rays involved in the litigation.” In practice this is usually interpreted to allow access to all of a plaintiff’s medical records. The plaintiff can, however, restrict the scope of the authorization to medical records specifically relevant to the alleged injury and to limit the time period covered by the authorization. If the authorization proffered is unduly restricting, the remedy is to file a motion to compel with the court.

In addition, Superior Court Rule 22 requires that a party must, without a discovery request, disclose “a copy of all documents, electronically stored information…that the disclosing party has in his or her possession, custody or control and may use to support his or her claims or defenses, unless the use would be solely for impeachment.” Under this rule, a personal injury plaintiff has an obligation to produce medical records intended to support injury claims “automatically” without a discovery request. Failure to do so could result in sanctions up to and including the exclusion of such evidence at trial. Superior Court Rule 21(d).