If you are suing the defendant for having caused your injuries — perhaps in a car accident, for example — then you may be concerned about having all your medical records exposed to the defendant and their attorneys. You may be uncomfortable with the prospect of having private information revealed to the public at-large (if the medical records are introduced into evidence, then the details will be made available to the public). Further, the greater access that the defendant has to your lifetime medical records, the more likely it is that they will be able to weave together a damning narrative that undermines your arguments. Suppose that you are injured in a car accident that was caused by the defendant, who was operating their vehicle in a distracted manner. You injure your leg as a result of the accident. During the discovery process, the defendant requests your lifetime medical records. That request is likely overbroad, however, and you need not honor it. If the defendant were to have access to your lifetime medical records, they might notice that you have been in-and-out of hospitals many times throughout your life, and they might argue that your leg injury is exaggerated, given your “demonstrated tendency” to malinger. By preventing the disclosure of irrelevant medical records, you therefore shield your lawsuit from damaging narratives. Fortunately, the basic rules of evidence in Arizona protect injured plaintiffs against unnecessary and over-broad investigations into their lifetime medical records. It’s important that you secure the assistance of […]