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

Limitations on discovery of a plaintiff’s medical history are (1) whether the history relates to a specific medical condition the plaintiff put at issue by filing the action, and, if so (2) whether the information sought appears reasonably calculated to lead to the discovery of admissible evidence (subject to a Court limiting the discovery).

Confidential physician-patient and psychologist-patient communications are privileged and not subject to disclosure absent waiver. RCW 5.60.060(4); RCW 18.83.110. The privilege is waived by filing an action for personal injuries or wrongful death, but only as to information relevant to the condition at issue in the action. Lodis v. Corbis Holdings, Inc., 292 P.3d 779, 790 (Wash. App. 2013); Carson v. Fine, 867 P.2d 610, 615 (Wash. 1994); Loudon v. Mhyre, 756 P.2d 138, 140 (Wash. 1988).

If the medical history is not subject to privilege because it relates to a condition at issue, Washington Superior Court Civil Rule 26(b)(1) provides broad discovery of the information:

Parties may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action . . . . It is not ground for objection that the information sought will be inadmissible at the trial if the information sought appears reasonably calculated to lead to the discovery of admissible evidence…

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In addition to the initial question whether the information sought is protected by privilege, Civil Rule 26(b)(1)(C) provides that the extent of the discovery “shall be limited by the court” if “the discovery is unduly burdensome or expensive, taking into account the needs of the case, the amount in controversy, limitations on the parties, resources, and the importance of the issues at stake in the litigation.”

Thus, the scope of discoverable information is a matter of the assigned Judge’s discretion in balancing the burden of the discovery with the issues at stake.

Courts frequently allow discovery of medical history that arguably has a relationship to an issue raised in the plaintiff’s Complaint, with the allowed time period determined by the condition at issue and whether it may relate to the damages claimed. Five years before the incident is frequently allowed, but the time period may be limited to as little as one year initially to determine whether a plaintiff was symptomatic for a condition at issue in the case. A court rarely will allow discovery of medical history older than ten years before the incident involved in the action.