How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Loren Your Own Question

Loren
Loren, Attorney
Category: Personal Injury Law
Satisfied Customers: 21229
Experience:  30 years experience in personal injury law.
17897874
Type Your Personal Injury Law Question Here...
Loren is online now
A new question is answered every 9 seconds

In a medical malpractice case, can a treating physician be

Customer Question

In a medical malpractice case, can a treating physician be asked about personal conversations he or she had with the plantiff. In short, how does privilege apply re a treating physician
Submitted: 1 year ago.
Category: Personal Injury Law
Expert:  Loren replied 1 year ago.
Thank you for using JustAnswer. I am JudgeLaw and I will do whatever I can to answer your question and provide you excellent service.

The privilege belongs to the patient. If the plaintiff releases the doctor from the confidentiality then it is not a problem.

I hope this is helpful. If you have more follow up questions please let me know. It is never a problem.

Thank you.

JudgeLaw
Customer: replied 1 year ago.

In deposition, the defendants attorney produced chart notes from a current doctor treating me - said notes contained some things that are deeply personal and uncomfortable to answer - they supoened the doctor's records, which I had never given any release for that's doctor's records - are you telling me that that portion of the Q&A was inadmissable? A lawyer up where I live told me I surrenderd privilege when I filed the suit?


 


 


 


 


true or not

Expert:  Loren replied 1 year ago.
Yes, unfortunately, that is true. Any information relevant to the defense of the case, including charts is discoverable in the med malpractice case

I am sorry. I realize this is not the answer you were hoping for. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's position, but accurately reflects their position under the law. I hate it, but it happens and I ask that you not penalize me for having to deliver less than favorable news.

JudgeLaw
Customer: replied 1 year ago.

While I understand this - the notes involved my service in Vietnam and was not related to the medical issues in the case

Expert:  Loren replied 1 year ago.
If it is not relevant to the defense, you can motion the court to limit the subpoena or discovery to areas not including your military service as being irrelevant to the doctor's defense of your claim.

It is within the court's discretion to limit the discovery.

Thank you.

JudgeLaw
Loren, Attorney
Satisfied Customers: 21229
Experience: 30 years experience in personal injury law.
Loren and 3 other Personal Injury Law Specialists are ready to help you
Customer: replied 1 year ago.
I was told today by an excellent attorney that in my medical malpractice case the other side does nothave the right to depose my current treating physician. Is that true?
Customer: replied 1 year ago.
Relist: Other.
no answer
Expert:  Loren replied 1 year ago.
Sorry for the delay.

As a general rule, they could subpoena the medical records, but they would need leave of the court to actually depose your treating physician.

JudgeLaw

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Infolawyer

    Attorney

    Satisfied Customers:

    935
    Licensed attorney helping individuals and businesses.
< Last | Next >
  • http://ww2.justanswer.com/uploads/NY/nyclawyer/2012-6-7_22011_photo66139201112041.64x64.jpg Infolawyer's Avatar

    Infolawyer

    Attorney

    Satisfied Customers:

    935
    Licensed attorney helping individuals and businesses.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    551
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    417
    I provide basic personal injury advice to my clients in my own practice.
  • http://ww2.justanswer.com/uploads/LA/lawpro/2012-6-25_171315_PT206740s.64x64.jpg Law Pro's Avatar

    Law Pro

    Attorney

    Satisfied Customers:

    382
    20 years experience in personal injury law - both plaintiff and defense
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Attorney

    Satisfied Customers:

    381
    Personal Injury & Wrongful Death experience includes judgment for $10M & $3M settlement
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    379
    I have 30 years of legal and litigation experience.
  • http://ww2.justanswer.com/uploads/PI/PIExpert/2012-7-1_152453_Attorney.64x64.jpg Brandon, Esq.'s Avatar

    Brandon, Esq.

    Attorney

    Satisfied Customers:

    358
    Has received a certificate of recognition from the California State Senate for his outstanding legal service.
 
 
 

Related Personal Injury Law Questions

Chat Now With A Personal Injury Lawyer
Loren
Loren
Personal Injury Lawyer
21229 Satisfied Customers
30 years experience in personal injury law.