Discoverable Medical Records

When a personal injury case is filed, the previous medical conditions of the plaintiff may become a factor in the case. Therefore, al medical and/or psychological records that relate to the injuries of the claim are discoverable. Even when the information sought is unrelated to the injury, it may still be discoverable if the moving party shows "good cause".

Exchange of Medical Reports

In most cases, medical exam reports are exchanged between the parties. The examinee party is entitled to demand the medical report. According to CCP§2032, the party who produced another for examination has a right to demand and receive a copy of the report. The examinee is entitled to demand a copy of the written report, and earlier reports.

There is no work product protection available to prevent the presentment of information. The examiner is obligated to write a report to comply with the demand of the given party. If for any reason the party fails to comply with the demand, the party must first make a reasonable attempt to resolve the matter informally. If the informal demand fails, a motion may be ordered to compel delivery [CCP §23032(h)]

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