The Scope Of Protective Orders For Medical Records
April 20, 2011, 1:53 PM EDT
Law360 (April 20, 2011, 1:53 PM EDT) -- Aggressive plaintiffs’ counsel are increasingly seeking protective orders which severely limit the distribution and use of medical records turned over in discovery in personal injury cases. The orders, facially premised on confidentiality, are often so far reaching that they hamper the ability to defend cases, and set up future actions for breach. Defendants and their counsel must be vigilant in resisting these efforts.
The Supreme Court of Appeals of West Virginia recently affirmed the entry of protective orders containing stringent conditions with regard to the storage...