If You Sue Do You Lose the Physician-Patient Privilege

I’m Katelyn Holub, an attorney focusing on personal injury law in northwest Indiana.

Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss personal injury law topics.

Occasionally we have a client who asks if all of their medical records will be viewable by the defendant’s attorney.

The answer is that it depends on how the court rules.

But most of the time by filing a personal injury lawsuit, a plaintiff does not open up their entire medical record to pre-trial examination by the opposing party and counsel.

Absent litigation, medical records are protected by the physician-patient privilege. Courts generally hold that as to conditions relevant to the lawsuit, the party filing suit waives the physician-patient privilege.

However evidence regarding a prior physical condition not related to the injuries being claimed often is held to be not discoverable or admissible.

Only medical matters in the medical records, pertaining to the injury complained of, have probative value.

Unrelated matters would be calculated to mislead and confuse the jury and would work to the prejudice of the plaintiff.

Here is an example, a person complains of a back injury suffered in a car crash in 2023. In their medical history, they had a complaint of back pain in the year 2010. The record shows they had counseling for alcohol addiction in 2008.

A court might well find that the 2010 back pain complaint is discoverable, and at the same time find that the treatment for alcohol addiction in 2008 shall remain private.

Here is how a court will analyze the issue, where evidence of prior pain or conditions logically relates to the injuries complained of, the information will be discoverable and likely admissible.

An exception to allow discovery and admission of a seemingly unrelated condition would be if the condition reasonably would impact life expectancy.

Where a person is complaining they will experience back pain for the rest of their life, but their life likely will be cut short as a result of a terminal illness, then the condition is discoverable and admissible.

I hope you found this information helpful. If you are a victim of someone’s carelessness, substandard medical care, product defect, work injury, or another personal injury, please call (219) 736-9700 with your questions. You can also learn more about us by visiting our website at DavidHolubLaw.com – while there, make sure you request a copy of our book “Fighting for Truth.”