Health Care Litigation

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Are certain documents non-discoverable in health care litigation?

Health Care Litigation

Health care litigation can be very complex in that the plaintiff must prove it was harmed in a health care facility. This results in copious documents being exchanged between the parties. The parties are often extensive, even in a single-plaintiff case, because the plaintiff and defendant each have an attorney, the plaintiff's insurance company has an attorney, and the defendant's insurance company has an attorney.

Documentation includes all manner of documents, from medical records to financial records, but the most important documents are the medical records and documentation generated through investigations. Each health care case goes through a discovery process before a settlement is negotiated or before trial. In the discovery process all documents requested must be produced to the other party's attorney and the insurance companies' attorneys.

Before documents are produced, they must be examined for content. Documents that fall under certain confidentiality laws are not produced. The most common confidential documents are correspondence between the attorney and the attorney's client.



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