First Department issues two decisions on prior injuries and discovery.

In two recent decisions, the First Department clarified discovery on prior or related injuries. In Rom, the court held that the defendants were entitled to unrestricted authorizations for all prior medical records where the plaintiff alleged aggravation and exacerbation of a preexisting, latent, and asymptomatic degenerative condition. In Abrew, the court held that the defendants were entitled to authorizations for the plaintiff’s prior hernia repair records where the operative report for the injuries sustained in the subject accident were complicated by the prior hernia issue. However, the court held that the defendants were not entitled to discovery on his prior medical condition in general based on allegations that the injuries are permanent, caused mental anguish, prevented him from enjoying life, and interfered with his ability to perform his daily activities. Unlike the Second Department, the First Department has repeatedly rejected discovery on prior medical conditions based on this type of general allegation. However, these opinions show that where the prior condition can be related to the subject injuries, discovery is available.

 

Case Law Alerts, 2nd Quarter, April 2020 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2020 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. This article may not be reprinted without the express written permission of our firm.