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

The North Dakota Supreme Court has not addressed waiver of the plaintiff’s medical history other than in the limited context of medical malpractice. Sagmiller v. Carlsen, 219 N.W.2d 885, 897 (N.D. 1974). In medical malpractice cases, a plaintiff has waived the physician-patient privilege only in regard to the ailments on which the action is based. See id. at 894. Under N.D. R. Ev. 503(d)(3) there is no physician-patient privilege for communications relevant to a patient’s condition in any proceeding in which the patient relies upon the condition as an element of the patient’s claim or defense.