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Loren, Attorney
Category: Personal Injury Law
Satisfied Customers: 34076
Experience:  30 years experience in personal injury law.
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In a medical malpractice case, can a treating physician be

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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
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.

Customer: replied 4 years 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

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.

Customer: replied 4 years ago.

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

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.

Loren and other Personal Injury Law Specialists are ready to help you
Customer: replied 4 years 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 4 years ago.
Relist: Other.
no answer
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.