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

There are no limitations on a defendant’s ability to obtain a plaintiff’s complete medical history other than the general limitations on discovery articulated in W.R.C.P. 26(b)(1). This rule holds that parties may obtain any non-privileged information that is relevant to any party’s claim or defense and is proportional to the needs of the case.

Treatment records for substance abuse and mental health matters may be privileged and undiscoverable pursuant to Wyo. Stat. Ann. §§ 33-27-123 and 33-38-113. See Vahai v. Gertsch, 455 P.3d 1218 (Wyo. 2020). However, this privilege is waived if a plaintiff alleges mental or emotional damages, which includes loss of enjoyment of life. Id.