The motion court did not improvidently exercise its discretion in denying defendants' motion to compel plaintiff to produce authorizations for his primary care providers, various specific medical providers, and his pharmacy records on the ground that plaintiff's allegations placed his entire medical condition in issue. Defendants failed to adduce any evidence showing that plaintiff sought treatment from his primary care physician or the named providers for the body parts that plaintiff alleges were injured in the accident at issue. Defendants also failed to adduce any evidence showing that plaintiff received prescriptions to treat those body parts. Although defendants claim they are entitled to medical records relating to the aggravation of injuries sustained in a prior motor vehicle accident, they did not tailor their demands accordingly.
Lafata v. Verizon Communications Inc., NY Slip Op 01272 (1st Dep't February 20, 2020)
Here is the decision.
