If I file a personal injury lawsuit will the person I am suing be able to see my medical records?
Your medical history is important in any case in which you are claiming to have suffered a physical or psychological injury as a result of someone else’s negligent or intentional act. Your medical history establishes the baseline of your physical or psychological well being before the injury. You can only recover in the lawsuit for the injury caused by the act or omission of the responsible person. You may not recover damages for physical and mental suffering or medical care necessitated by preexisting conditions. When a preexisting condition is made worse you can recover damages for the worsening of the condition. Your medical history will be important to proving this claim.
In Tennessee, most judges will permit your opponent to see your medical records if the the request "is reasonably calculated to lead to the discovery of admissible evidence." Thus, if you injured your leg in the incident giving rise to the litigation, the records for prior medical treatment at an OB-GYN may be able to be kept private.
Experienced personal injury lawyers have a good idea how much medical information will need to be disclosed to the other side. Every situation turns on the precise facts.