Plaintiff attorneys: Do you object on privilege grounds if DC asks in a depo about attorney referred medical treatment? If so, why? Don’t the medical records reflect attorney referral?

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Records don’t always reflect attorney referral, but yes our firm objects to this line of questioning, how much it matters, I’m not sure

They often do, but it’s always a fun little line of questioning to figure out the in their pockets providers.

From the defense side, records definitely don’t always reflect that, and every plaintiff atty objects to that line of questioning in every plaintiff depo I’ve been in

Don’t do much PI anymore, but I feel like it’s the chiro records that most often show a referral identifier.

I don’t think that would be an objection based on privilege grounds. An argument can be made as to relevance. On the defense side, I always ask that question and I usually never get an objection. Even if I do, it still shows the Plaintiff their treatment was attorney driven. There’s usually an MIL on the issue later on.

In NY, when my client gets asked the question of “did someone refer you to this doctor” and it’s my office, I don’t object. I’ve fought this with multiple judges and they all say the client must answer. It is what it is and is not as damning as one may think

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