Courts clarify disclosure of prior medical records.

The Second Department held that the defendants were entitled to five years of the plaintiff’s medical records where “broad allegations of injuries, exacerbation of preexisting conditions, and loss of enjoyment of life” were made. In DiLorenzo v. Toledano, 2021 NY Slip Op 416 (2d Dep’t 2021), the same court required disclosure of prior psychiatric records where the same broad allegations were made. However, in Jerez v. 2141, LLC, 2021 NY Slip Op 525 (1st Dep’t 2021), the First Department held that the defendants were not entitled to records from the plaintiff’s prior accident alleging back injuries, where only shoulder and knee injuries were alleged in the pending action. These cases highlight the difference between the First and Second Departments when it comes to prior medical records, with the Second Department being much more willing to allow disclosure. So far, the issue has not been addressed by the Court of Appeals.

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